The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-12-12


COURT OF ERRoRs.-CoLUMBIA, December 10.
Mr.. Melton concluded his argument for appellees,
in case Of the South Carolina Railroad Us. Colum-
bia and Augusta Railroad. Mr.. James Conner
closed in reply.
En- parte the Southern Express Company-Ques-
ton. The constitutlonality of the act and OF the
Legislature, and Of ordinance Of the City Coun-
cll of Charleston, levying taxes upon the Express
Company. Brief and printed argument of MIR. Jo-
seph P. Carr read until the hour OF adjournment.
UNITED STATES CIRCUIT Court FOR FOURTH
CRcurr.-CoLUMBIA, November l, December 10,
1s67.-Hon. Georges S. Bryan, D. j., presiding.
Moses A. Huggins ads. the United States.-Ver-
| dict and judgment at November term, 1867. ST.
monton & Barker for defendant. D. T, Corbin,
District Attorney, contra. Mr. Slmonton read
affidavit on motion to set aside verdict and ludg-
ment, on the groun that there was defence, and
| there was negligence, and other than that OF the
| defendant, which caused verdict and judgment to
| be obtained without defence being heard. The
counsel for plaintiff and defendant both addressed
the court at length on the motion, after which the
Judge made the following order: fearing the afnc
davlt OF @. H. Simonton, one OF the attorneys OF
this court, and on motion Of Simonton d Barker
for defendants, it is ordered, that the Judgment
heretofore rendered in this case, be set aside and
vacatei, and that the defendants have leave 10
plead to the declaration forthwith. 1t is further
ordered. that the affidavit be filed with this order,
and the defendants to pay all costs Of the levy or
levles made in this case.
James 4. Holt, OF North Carolina, Us. William
NJ. Mcdonald ell al, of South Carolina.-Assump-
sit-Non-assumpsit. S. P. Hamilton for plaintiff;
Arthur, Melton & Melton ior defendants. The de-
tendants contended that the case came under the
| ruling Of the Judge, in Order No. ~ OF General
Sickles which stayed all writs instituted oy cltl-
zens Of North Carolina against those OF South "a,
rolina The counsel for the plaintiff contended
that it was too late in the condition OF the plead
ngs for the defendantto avail himself OF the nene
fit of the ORDER as, having pleaded the general ls-
sue, his right to plead to the jurisdiction was
waived; and also that the action having been COM
menced before Order No. 10 was issued, and the
court having obtained jurisdiction OF the case,
could not be divested of it., and the plaintiff was
entitled to go to trial The Judge decided that
Order No. 10 need not be pleaded specially, but
might be suggested at any time, without regard to
the condition Of the pleadings.
The United States uS. James 81. Beckwell, Robert
]. Gililand, and Joshua Jameson.-Debt. u. L.
Corbin; n. E. F., General Gary. Jury No. rem
dered the following verdict We find for the plain
tiff s51 12-verdlct for the tul amount-Wlth IN
terest from February, 1865.
of James B. Glass-Debt. NJ. E. F., D. 7. Corbin
and II. Buist. The jury find for plaintiff 81, 63S11,
with interest from March 1st, 1861.
The United States Us. two barrels and one keg
OF distilled spirits-Wllliam r. Williams, claimant
Information for forfeiture for violation OF inter-
nal revenue law. D. T. Corbin, District Attorney.
The jury find for United States the forfeiture OF
the items mentioned within. On motion OF D. L.
Corbin ordered, that the wares and merchandise
be sold, and proceeds paid into registry, 10 abide
further order OF court.