The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-12-11

bruised, he is not considered danger
ously hurt. The infuriated animal
should have Been converted into beef
ut once.
UNITED STATES D,sTR1cr CoURr-
IN A1TY.-December 10, 1867.
E.r porte T. Guiniivan & Bro. In
Re w. G.. Tilton VS.. Charleston
Dredging and Wharf Building Com
pany. Petition in Admiralty. Camp
bell e Seabrook Pro. Pet. On mo-
ton of j. Fl. Campbell, ordered, that
distribution of funds be suspended
till further order of court.
UNITED STATES CIRCUIT COURT FOR
FOURTH CIRCUIT. November 1, 1867,
December 10, 1867. Hon: George
S. Bryan, D. j., presiding.
Moses A. Higgins ads. the United
States. Verdict and Judgment at
November term, 1867. Simonton &
Barker for defendant. ID. II. Corbin,
District Attorney, contra. Mr.. 81
monton read affidavit on motion to
set aside verdict and Judgment, on
the ground 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 defend
ant, both addressed the court at
length on the motion, after which
the Judge made the following order;
Hearing the affidavit of G. n.
Simonton, one of the attorneys of
this court, and on motion of Simon
ton & Barker for defendants, it is or
dered, that the judgment heretofore
rendered in this case, be set aside
and vacated, and that the defendants
have leave to plead to the declaration
forthwith. It is further ordered,
that the affidavit be filed with this
order, and the defendants to pay all
costs of the levy or levies made in
this case.
James A. Holt, of North Carolina,
vs. William nj. Mcdonald ct al, of
South Carolina. a.--Assumpsit--
assumpsit. s. p Hamilton for plain
tiff; Arthur, Melton & Melton for
defendants. The defendants con-
tended that the case came under the
ruling of the Judge, in order No. 10
of General Sickles, which stayed all
writs instituted by citizens of North
Carolina against those of South Ca
rolina. The counsel for the plaintiff
contended that it was too late in the
condition of the pleadings for the
defendant to avail himself of the
benefit of the order, as, having plead
ed the general issue, his right to
plead to the jurisdiction was waived;
and also that the action having been
commenced 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 re-
gard to the condition of tho plead
ings.
The United States vs.. James 81.
Beckwell, Robert J. Gilliland and
Joshua Jameson.-Debt. D. T. Cor
bin; n. e. F., Gen. Gary. Jury No.
2 rendered the following verdict: We
find for the plaintiff S51. 12-verdict
for the full amount-with interest
from February, 1865.
The United States VS.. Julia Glass,
adm'rx. of James B. Glass.-Debt.
M. E. F., D. Il. Corbin and H. Buist.
The jury find for plaintiff 81, ,633. IL,
with interest from March 1st, 1861.
The United States VS.. two barrels
and one keg Of distilled spirits-Wm.
r. Williams, claimant
for forfeiture for violation of internal
revenue law. d. T. Corbin, District
Attorney. The jury find for United
States the forfeiture of the items
mentioned within. On motion of D.
T.. Corbin, ordered, that the wares
and merchandise be sold, and pro-
ceeds paid into registry, to abide
further order of court.
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NEW wADvERTISEMENTs.-- Is call
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