davidaulloa/AmericanStories huggingface dataset:
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18
State Of South Carolina,
Abbevile District.
Andrew Dunn, App't. !

John Dunn, et al, Deft's.
T appearing to my satisfaction, that Jakson
IL 'Richey and wife Polly. defendants in tins
casc, reside without the limits of this State-It
u therefore ordered that they do appear aud OBJ
ject, Ito the Sale 'of the Real Estate Of William
Dunv, deo'd on,or before the twelfth day Of Feb-
ruary next, or their consent to the same will Bs
entered of record. q .y<.
- WILLIAM HILL, DAD.
Nov. l3, 1851. 80 am
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18
MOORE g. OuAIFE

p ESPECTFULLY notify the public that they
IL are determined to sell goods if they can
hnd buyers We sell only for cash, aud there
IL no use i'll asking for credit. 1t won't do. a
discrimination to adhere strictly to this pruc-
pie will enable lis to sell goods cheaper than can
possibly be afforded on the usual long credit
system Tho argument in fa, or Of the
Cash System
is inexaus!ible while that for the Credit is ex-
hauated, III too many unfortunate instances, III
tho numerous appearances Of notices to Dcbors
by those who sell oil credit.
Our Stock is Fresli-New ont and out, and is
composed Of every article usually kept in our
line. We are always anxious to wait on GUS
TONERS, and will take pleasure III doing any and
everything in our power for the Trade, for the
Cdsh-don't forget that-that's the thing that
makes the grease; that makes the turn in the
wheel. Don't YOU understand? just try us,
and we will do you good.
MOORE s. QCAlFE.
January 90, 1853 80 If
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18
GOODS TO SUIT The TIMES.

UVVUO to OVII IUE wi ESs
EPLACk and Fancy Silks, French Musl,ps,
-AD French Mirinos, (cv-rv color,) Solid and
Fancy DcI.ains. Linscy's Striped Osnnbur.s,
Blea Il Bros Iiomcspuns, Miss Georgia and
Kentucky Kcrsics. Bed and Negro Blankets,
(cvcry pricc,) from 81 % to SS UO per pair.
ALSO
Bonncts. Flats and Hats, Caps aud Hoods, &c,
dc, Clothing from Heaviest Overcr,t to smallest
Sacks, Vests and Pants from 30 cts. to $40 each
l would just say that rs the ''indcfaigable
clothing man. has retired from business | can
sell Clothing or any thing clse rs low as any
man who sells at profit.
l have, also. the agency for Dixon's Spiral
Meat Cutters and Sausage Suffers few of
which have hand.
Hardware. Cr"ckrry, Tin and Wood ware al
ways on hand. Call and see me at Iown,lrsvlr,
;. G. J. Il. BARNES.
Oct 22-57 OF If
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18
T. a ACUITx.

Maj. NJ. JENKINS, Professor of
p 4Nutcmaiics.
' ''"'' Capt; A. COWARD, Professor of
Frrnrh and E2owfiom
Lieut.. G. A. SEABROOK, Professor Of Latin
and Grc,k.
Lieut.. j.. NJ. LAW, Professor Of Bellies Lcitrcs.
Lieut.: II: X. THOMAS. Professor Of Natural
Philosophy ard EngiiM.
Drs BARRON 4 BRAITON, Surgeons.
BENJAMIN P. BOYD, Bmsar.
r g fer n q =.
Gen James Jones, Columbia, $. C.
Gen. ID. +. Jamson Orangcburg, S. C..
Gen. ID. Wallace, JonesviIle, Union Dist, S. C.
Ex-Gov. j. II. Means, Buckhead, S. G..
Gen. X. g. NJ. Dunnovant, '96 Depot, S. C.
Col. /. d. Wilson, Society Hill, S. e.
Dee 10, 1857. 33
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18
Garden Seeds.

Garden Seeds.
ME subscriber offers for sale at the store of
Siessrs Gray It Robertson, achoice collection
Of garden seeds carefully selected for this climate
by practical HorticuIturist from the best grow.
ers in England, of the crop of 1857; amongst
them is some fiue new varieties of vegetables not
before offered for sale in this country. Catalogues
to he had at the store Of Gray & Robelt /: on,
Abbeville @. II. S. C..
THOMAS LEARNIONT.
> Columbia; S. G.. JAN %, '5s Alt
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18

AbbeTilie Court House, all Court Week.
Sale Day in April the last day for king re-
turns. All persons failing TO make returns on
the above day, liable To double tax All taxes to
he paid by the first Monday in May, or cxccu-
tons may he issued.
Property to be returned in the name nf the
proper owner. Guardians, Executors, and AL
mlnistrntors will return property under their
control
Persons having transferred property between
the LIST October, 1886. and lst October 1867, will
make it known TO me.
All persons will come prepared to give the
number Of Births, Marriages and Deaths in their
families.
Free persons of color must pay their taxes in
March.
1t is earnestly requested that every tax payer
meet me at the appointed times and places, and
not defer making their returns until Court Week
and public days at the Court House. at which
lime there is usually such rusl, that il is almost
impossible TO do business correctly.
). A. HODG ES, T. C.
Jan. I, 1858 81 St
GJ' Independent Press copy.
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18

Selling off at Cost.
WILL sell from date. my wORSTED
n DRESS GOODS, Negro Blankets and
Heavy ONER-COATS, at 10 per cent on New
York costs, for the Cash.
J. T. BARNES.
Jan. 2e, SO DO If
Fresh Garden Seeds for Sale.
4 iPLES CABBAGE-H EADS, and many
II such things rs many people need.
J. T. BARNES
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18

The State Of South Carolina,
AJbcriAe District-In the Common, Pleas.
F. w. Davis,
Henry y: JONES' s Attachment
" HEREAS the Plaintiff did, on the tlir.
w ty-frst day Of October, 1857, file his
Declaration against the defendant who las it is
sad) is absent from and without the limits of this
State, aud has neither wife nor Attorney known
within the same, upon whom copy Of the said
declaration might be served 1t is therefore or
dered, that the said Defendant do appear aud
plead to the said declaration, on or before the
first day Of November, which will be in the year
Fifty Eight, otherwise final and absolute Judg-
ment will then be given and awarded against
him. '5el 3 SsE4sAg. =. II =
MATTHEW MCDONALD, .oor.
Clerks Office, Nov. 81 1857. 8S.ly
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18

THE MARSHALL HOUSE.
TNHE subscriber having purchased that com.
L modions and we'll known mansion, the
Marshall House, has made every arrangement
for the accommodation of permanent and tran.
sejent,boarders and hopes, by proper attention,
to merit free share Of public patronage, After
the first Of October the rates ofregualar boarding
will be $f6 per month.
20 EDMUND COBB.
Oct. I-67 % tf -
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18

Notice to Debtors.
HOSE indebted by Note or open Account,
are particularly notified TO come forward
and make settlement.
J. T. BARNES.
Lowndesville, Jan. %, 1858. 4Otf
The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1858-02-18

-. : NO T fdh. =.
ALL pefsonS ipqebted in any way to the Es.
state 5of JONI MATTHEWS, deceased, are
ysqusstsd make ypayt,ent; and. those having
claims agsihst the'same will render them to the
sadehsigaedF
p. q, KLUGH. Bx'r.
February 4, 1858 sHs At
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
Police InfelllRence.

An USlroxy BoSpsMAs-The grocery store Il a French
man, named Richards situated the corner OF Tenth
avenue and Twenty nnh street, the Of ,le
excitement Monday night About nine O'Clock the
neghbots were alarmed by cries Of "murder" issuing
from the Frenchmans premises Upon proceeding tho
spot they found the doors fastened and in there they
beard The repeated cries of In distress Richards
wasbcating his wife and would allow any OF the
negbbors TO interfere with him the pursuit Of such IN
currence when policeman Dean the sixteenth precinct
fastened TO the spot and demanded admtance Richards
refused 10 accede 70 the reasonable request when the
policeman burst open the door, No bad Dean put
bis foot inside the store than he sau,ed with the dis
charge d pistol, the ball from which passed between
his legs, cutting his coat tall but doing further damage
The next moment the club OF the policeman was doiog
service upon the h ad OF Richards who promptly So
cured and taken TO the station house he wife Of the
prisoner was found 10 be In dangerous condition
from the effects Of beating received
at the hands of her husband. Prom her ap-
pears that Richards bad been left the urch by person
for whom he went bail The effect produced upon the
bondsman by the unexpected disappearance party
for whom he became surety fearful contemplate
much less 10 experience. Through pure vexaon he i'm.
bbcd de re until he became glorousiy drunk ex
uemey III tempered. Going home IN this condition. on
Monday nxb his first though. b. pick u bone with
bis better half From war OF words came blows, and
then followed the cries OF murder the part OF Mrs
Richards, which alarmed the Deghbors and finally
suited in the Of the prisoner previously stated
syPuors sTARBSG AuRsY--A and stsbbing ARRAY
occurred In Elizabeth street yesterday morning. between
two named Charles Daniels and David Leroy in
which the latter severely stabbei n the le breast
with shocmaker's knife IN the hands of the former
Leroy conveyed 10 the Ne~ York Hospital for med
cal attendance, where his wound pronounced highly
dangerous Daniels was arrested by the sixth precinct
police, and committed 10 the rombs for trial
An IsrrpHvr PIECE or RoRBsRY James Roe of No 33o
West Twenty sixth street. attacked his own door
way Monday night, by gsrroter and robbed Of some
small change. AZ Mr. Ross entering hs dwelling az
above, the bghwayman came behind him and Knocked
him down. While prostrate, Mr.. X was robbed Of some
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
Annual Meeting OF Exempt Fyrem.r

The snDtal meeting OF the association Of Exempt Fire.
men held last evening at Fremen's Han, the IRE.
sdeu,, Mr. Philip W. Engs, in the chair.
There was large number Of members present. and
goodly attendance Of nremen outside, who awaited with
considerable interest the result Of the proceedings Tho
first business transacted was the payment OF dues and
nnes after which the Treasurcrs report read II ap
pesred from this report that the receipts during the year
1857 amounted 10 e2ss s while the expenses for the
period were t23 e The amount In the funds subject W
draft is sesl IL
At the conclusion of the report the election for officers
for the present year held with the following result
freHoent Philip W. Epgs.
FIRST Vice President. .......... ..Iophar Mills.
Second Vice President .Adophus Ockershsusen.
Recording Secretary ...... George W. Wheeler.
Financial Secretary ............ Francis Hagsdorn.
iressurer,.. Joseph " frice.
All these gentlemen served during the past yeI.
Messrs j. l. Smith and A. NJ. Turnbull were appointed
delegates 10 the Fire Department
The following deaths reported BY the President "a
having occurred in 1851, among the exempt dremen-W.
Rynes, y. G. Derby, VI. Lord, y. Westerman, VI.
SIN tb ID. c. Pentz j. Bush and r. Edwards.
The rpKspFxr read a chronology Of the Fire Depart
ment prepared BY himself from the records Of that body
II was but portion Of the document which is still incom
pete and the reading Of which occupied part Of the time
at four previous meetings. The most destructive
fires noticed and the gallant and heroic conduct OF
the hremen received due need Of praise. The i'm
provements which been made in the means for the sup
precision Of res noticed, and ne increase the eff
cheney the department The reading OF the chronology
win be continued at the rext meeting Of the exempt FIRE
men
kfe the transaction Of some minor business the meet.
ing adjourned
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20

BROADWAY THEanx-The fairy spectacle called "Cnde-
rea" 10 be performed this afternoon and evening IL
will be preceded both occasions by Of eques
uian and gymnsstc foas, elephaniine tricks, sc.
Nmos GARpxS-"Dan Rice's great show is at present
the absorbing topic OF among large number
of pleasure seekers Dan and his Wonderful animals will
appear In all their glory 10 night
BowKRy TrArRE--The romantic spectacle entitled the
Cataract Of the Ganges and the exciting equestrian
drama Of lockwood" will doubt prove sufficiently
tractve 10 oil this large house TO s capacity this
evening.
BrRroNs-hessrs. Mathews. Burton and Brougham are
10 play tonight in the farce called "Youre Another -
The former gentleman also plays in his comcaty, "He
Would be an Actor" and the latter hp famous Go
umbus"
wAiilcK's -Messrs. Lester Johnston, Blake naven.
port and Phillips; Mcsdames Hoey, Blake, Allen and
Cooke continue the recipients OF great applause in the
drama called The rccr Of New YORK." which will soon
be wthdra~n.
L.ups KuSE's-The amusing drama entitled the
huleeer Of Toledo" and the comedy Of An Unequal
Match" announced for repetition night Misses
Kecne Manners and Wells and Mcssrs Jordan jefferson,
Peters and Burnett have characters.
AwPIcss NusEus.-Nrs. Howard, Mr. watkins. and
other fsvore artist have made quite hit In the
drama called the Pioneer Patriot the Of which
authorizes the management 10 tender for both afternoon
and evening.
NEGRO MINsrREfsY Amcnr the varied novelties offered
by the managers of the colored opera" notice New
Year Calls al Geo Christy and Woods "shaksperean
Readings at Buckleys, and " Down in Alabsma" at
Bryants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
Housc Of Representatives.

Housc OF Representatives
WASHINGTON, Jan 19, 1858.
LANDS FOR ACTUAL SETTLERS.
Mr. JOHN CocHRAyE, (dem Of N. Y, presented petit
ton from Isaac " Fowler and others for the appropra
ton of the public lands in limited quantities, to actual
settlers and demonstrating against further traffic in and
monopoly Of the same.
THE COMMITTEE TO LATE DooRKEEPERs' Ac-
COUNTS
The SPEAKER announced Nfssrs Hughes, Jenkins, Pur
Vance, Bryant and Thompson, special committee TO
examine the accounts and official conduct Of ~ Darling
late doorkeeper Of the House.
DISTRIBUTION PATRONAGE
The House refused, by t3 against l43 to table the bill
introduced yesterday providing for the equitable dstrbu
Washington among the several States and Territories
Mr. WARREN, (adm.) Of Ark, wanted the chief clerks
and heads of bureaus included.
Mr. GpDrsGs, (opp) Of Ohio, suggested the distribution
OF the offices according to population instead of represen
tstion Much laughter)
The bill referred to a select committee of seven
DEPOSITS BULLION
Mr. KELLOGG, opp Of NJ, introduced bn authorizing
the deposits Of bullion and gold and silver coin and the
issuance OF certificates therefor.
NEGRO STEALING IN THE INDIAN COUNTRY.
Mr.. GREENWOOD, lad M Of Ark asked leave 10 offer
revolution instructpg the Committee Of Judiciary tn in
qure into the expediency of reporting bill providing for
the punishment Of negro stealing in the Indian country
Mr.. BLISS, (opp.) of Ohio, objected
THE DEATH OF SENATOR
The proceedings IN the Senate consequent the death
Of Senator Rusk having been received
Mr. REAGAN, OF Texas paid tribute the ilusrious
deccased-the brave, generous, popular commander in
battle, and statesman who so long and so faithfully
served in the councils of the nation.
Mr.. KETT. of s. c., who represents in par, the state
which gave Rusk BIRTH said that he would lay glove
his freshly closed grave where ambitious are hushed and
rvalries are forever still
Messrs. JACxoN, QuITxAN and CLARK Of ~ Y followed
euloges after which the resolutions OF respect
were adopted, and the House adjourned
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20

last NIGHT or TIE OPERA-Mr. Ullman closes his win
ter season at the Academy tonight preparatory to
operate and oratoro campaign in Philadelphia and Bos-
on The opera for night is the very successful Don
Giovanni, and hear that the sale of places in ex-
GEES over the other nights when the house crowded
The opera would bear several repetitions, and we
trust that Mr.. Ullman will give it to again when he
turns from the rural districts All the artists, with
Formes, la Grange, DAngr and Carador at the head
sing this evening
The cheap opera last night drew a full house, every
good seat being occupied The opera the Barber of
sevAe" which interpreted in the most spirited way
by Ia Grange, charming Rosina, Formes the best Of
Don Basios, and Rocco From present appearances the
farewell 70 night will be a grand demonstration.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
Reduced Rates OF Postage To Austria, &c
via France

We are requested 70 give notice that postal con
vention WAS concluded between the governments Of
France and Austria the Sd Of September last by which
certain changes have resulted In the postage
correspondence exchanged by the way Of France between
the United States and Austria and the TO which
Austria serves an intermediate point.
The rates 10 be levied the United States on and after
the ls Of February 1885, upon letters addressed 10 the
following countries and places by French mail will be as
follows, viz
Austria and It's States, and the city Of Belgrade, q
cents the single rate Of q under prepayment
optional, being in full 10 destination.
Moldavia, lonian Islands, Adranople, Seres Sophia
Rustchuck, Antvari, Scio, Bourghas, Canea Durazzo
Ianpa arnea Prevesa, Snope, Tenedos and valuna 80
cents the single rate Of ounce or under prepayment
optional, being In full 10 destination.
Montenegro, Serva Except Belgrade), and cities in
European Turkey other than those enumerated above or
in The tables OF postages TO foreign countries" 81 cents
the single rate OF ounce under yment required
being in full 10 the Austrian frontier only.
rospasters should note these changes of rates upop
their tables Of postage 10 foreign countries.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
THE FINANCIAL QUESTION.
THE LONDON MONEY MARKET.

From the London Tines (City Article) Dec 20
Although the financial crisis s virtually ~ an enc, "
feared that s effects will yet continue 70 De oy
the fall Of many minor firms Today iwo suspensions
have been announced-the first being tnat Nessrs.
Iuntsn Hooton 90 an old house OF good repute In he
Manchester trade with Liabilities tor about t5z 90 while
the other that Of Mcssrs Hinton, rotners 70 Anan
arc The prospects Of liquidation unfavoraole Inptou,
Hooon Co IL Is said show nominal surplus of 70 ooo,
ana little doubt s entertained of their paying nearly,
not unite 2os in the pound the stoppase having been re-
solved upon for protection Of the general creditors,
upon loan which constituted part Of the working cspat
OF the establishment having been called IN. Hinton,
Brothers Co. are said " have been brought down ~
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
IMPORTANT FROM WASHINGTON.
THE PACIFIC RAILROAD PROJECT.
A Bill from the Select Committee Authoriz-
ing the Construction Of the Road.
EULOGIES UPON THE LATE SENATOR RUSK.
THE NEW YORK CITY APPOINTMENTS,
&C., &C.. 60.
News from WashingtOn.

News from WashingtOn.
PROBABLE ELECTION OF THE DEMOCRATIC STATE
TICKET IN KANsAs-TBE NEW YORK BANKERS
BkuBBED BY THE SECRETARY OF THE TREASURY
NEW YORK POLITICIANS ON THE ALERT-THE
NEW YORK OFFICE HOLDERS IN DANGER, ETC.
WASHINGTON, Jan. ls, 1853.
Dispatches just received from Kansas BY the Secretary
sf the Interior state that tho probabilities that the
democrats have elected the state officers and majority
q the Legislature.
The steam frigate Colorado has put commission
md is fitting Norfolk flagship Of the Home
Squadron, to relieve the Wabash.
proposition for the negotiation, IN New York, of
million dollars Of treasury notes. favorably received,
but the Secretary had determined pay them out the
public creditors. The Secretary, however, may yet
change his views.
The sS7 oo0 Investigating Committee met to-day to ar
range preimiparies The Committee may possibly pro-
seed Boston, and there examine perscns and papers
This, however, is not decided upon.
Mr. Clifford, the Supreme Judge, arrived today.
He will be sworn in on Thursday.
Feeling and impressive euloges sronounced to day
he death Of the lamented Senator Rlsk in Senate
and House.
An avalanche Of politicians from Albany and New York
city arrived THIS evening Among them is Dean Rich
ond Peter Cagger and Mr. Cassidy is SAID their visit
here at this time has reference to the confirmation and
understand also that fight will be made Collector
schel. Mr. sche's appointment was sent to the Senate
to-day The other New York city appointments the Presi
dent still holds in his possession.
All the nominations or Consuls have been sent in and
lad been for the adjournment OF the Senate
sequence Of Of the death of General
Husk To- day hey would probably have upon
TIE GENERAL NEWSPAPER DESPATCH.
WASHINGTON, Jaa 10, 1853.
The American Colonization Society held meeting here
tonight and addresses delivered The report
Il the secretary states that the receipts for the year
ss7 Ss4 nearly half Of which a donation from
Amos Hunt of Mississippi who gave s5 900 the year pre-
vous. The report speaks Of the of founding
kemens the Interior and the government
10 employ small steam instead of sailing vessels To sup
yVees the African slave trade.
The friends Of the bill which has been introduced in
ooogess appropriatng public lands limited quantities
- actual settlers, say will undoubtedly become law
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20

rx Mayor Wood Of this city, was in Richmond on sa,ur
day last.
William A. Buckingham the republican nominee for
Governor Of Connecticut, Of the Fremont State
Electors in 1856
Senator Reid Of N. C., who has been sick in Richmond
for fortnight hes so far recovered 10 be making pre-
parsions 10 return shortly TO Washington
Mr.. Gooch, Representative elect from the Seventh Dis
tct Of M@sachusetts in place OF Mr. Banks resigned ls
for Washington TO enter upon bis duties yesterday
ing
pEPLRTrRxs.
For Melbourne IN the ship Tusho-Nss rboass Spence
VI Harrison, W Easton, Ncroy, Reid, Lewis Williams,
Murphy, RMcCrsnn, Frank Dahm, r Todd, W Parkinson
Hannsh, Iartin Carpenter y Conpor. miss Mary sui
Ivan, MISE Anne McIroy Peter Benessy Mrs Henessy
Peter McKeone, Chrsal Parkhll, Mrs Parthi Carle
Cassedy Connor, T. Shea, Connor, Mrs Connor De
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
The San Froncisco Vigilance Committee
COURT OF COMMON PLEAS.


JAN. 1e.-Jds r. Aaloney ne San Francisco Wi
lance Comnittes.-The same rs. Myers r. 7ruea-These
came up motion Of the defendants counsel ia
strike out certain parts of the complaint The causes
action separately set forth all embodied in the fourth
count Of tho complaint The Judge decided that the
plaintiff must be compelled 10 state whether he will rely
upon the fourth count In which the three first NAV
be stricken out The fourth count sets forth three
grounds OF action-assaut and battery false imprison.
meDt and a conspiracy 10 Djure The facts are pretty
well known, All the action is founded the imprson
menttf the plaintiff and his subsequent banishment by
the defendants from the State Of California by and
violence and without warrant OF lawthe defendant CO.
operating with others banded together the Vigilance
Committee OF San Francisco The plaintiff also claims
specs damages resulting from the breaking up Of his
business, and other acts which followed his expulsion
The Judge says that damages which the imme-
date consequences OF unlawful act, which tho
law would not presume necessarily 10 flow from H.,
must be specially stated in the complaint or the plaintiff
will not be allowed upon the trial 10 adduce evidence 70
Trove such damage. The sverment that the Vigilance
Committee caused TO be published in numerous organs
controlled by them that the plaintiff was criminal and
worthless dsreputabe character has been allowed 10
main, as II ia averment Of special damage sustained
by their acts Part Of this motion must be granted and
portion Of the complaint stricken out the other portion
Of the motion denied.