Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1845-07-02

1S45, MARCH Sl-JoHSsoN, CH.
we do not perceive any cnnflict between the
decision ofthe Chancellor, dsinissng the rule
taken out to set aside The order of reference,
and the order subsequently made to arrest the
reference for the purpose. of making other me-
cessary parties
The rule proceeded npon an allegation that
the order of reference had been irr'gularly oh
tained and was discharged because that did not
appear TO have been the case.
The subsequent order proceeded upon the
principle that. even where an order OF refer
ence has been regularly made, if at any stage
of the cause it appears thnt tie accounts can
not be pro, erly taken without additional par
ties, il is the duty Of the Count 10 stay proceed
ings until they he brought In.
ItwOu'G have been more regular, in suchcase,
to have merely suspended, instead of recalling
the order Of reference; and j. is now ordered
that the decree he so modified, although the
apprehension expressed. that the recalling Of
the o!dcr.would ha,e suppressed the evidence
takenun il, any m"re than the evidence
taken in any former stuge of The case, would
seemto be unfounded.
We concur in the propriety of the decree re.
quirng the additional parties and deem it un
necessary 10 add to the observations Of the
Chancellor Oh that subject.
IT. as is suggecled and as appears very ob.
scnrely by the pleadings, Henry Cutsino is the
Admor of Peter Cuttino, and VIM! c. Smith,
the Admor. de boHas non Of Savage SmiIh,
these being parties to the suit, so much OF the
decree is COMPLIED with. but the other parties
required by the decree must nevertheless be
made.
On the subjebt Of the injunction, we differ
from our brother Johnson.
The Statuary Law, applicable, to this point,
is contained in the acts of l72l, 1874 and 1884;
n Coopcr's Statutes lei IS, ll5 3l5, and 2O9
S9) s--sE
The first of these acts, after prescribing the
conditions upon which application for injunc.
tions shallhe made. provides that where the
application TO stay (ofconrse by interlocutory
ordrro suits before judgment, brought upon
money demands, secured by pronissory note,
hill of exchange, bond, single bill, or other spe.
ciaty, or to stay execution after Judgment for
money, no injunction shall he granted Hnth
fbe sum of money so accrued and stied for, or
for which the Judgment was given, be deposited
in this Court.
The .neDt Statute, after characlerSirg this
reo,,isition as too rigorous, enacts that defend.
anis atlaw NAV be. entitled TO- an injunction Of
the proceedings agarnst them, upon giving sc.
curity- TO the Master or Register in Chancery'
not exceeding the damages laid In tie declare
ton, to perform the order or decree oil TINS
Court. .srls
1t would seem. that this latter statute was
suDposed to be confined TO the proceedings
prior 10 uerd;ct and Judgment, and that as to
the latter, the money must still be deposited. for
.ha ,c, oc T781 nroydes as follows: :F'tWhereas
the ob,igine complainant, seeking reeffrom
y 7,r5;ci or iudqmem at law, to depo-it the sum
for which such uerdict or judgment was OBJ.
,a;ned before an injunction can issue to stay
oxacn,;on wopItl be attended with much in.
convenience" &C., "Be it therefore enacted,
tho, party applying for an injunction TO stay