The motion to dismiss this appeal is overruled. On the merits, a majority of the judges being of opinion that the decree of the Circuit Court in No. 41 of the docket, affirmed by the Supreme Court in Vicksburg v. Vicksburg Waterworks, 202 U. S. 453, 26 Sup. Ct. 660, 50 L. Ed. 1102, 6 Ann. Cas. 253, constitutes an estoppel against the city of Vicksburg in the present suit, the decree appealed from should be, and it is, affirmed.