The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-12-29

UNITED STATES DISTRICT COCRT-toLOaDiA,
DECEMBER q, 1S60-ToN. GEORGE S. BRYAN, PRE-
sIpINd,-Ex parte c. NJ Jones, OF Darlington,
Petition for final discharge. Parker & Conner pro
pet Referred TO J. C. Carpenter, registrar, and
final hearing ordered for January IS, 1870, before
court at Charleston.
EX partc Francis RI. Kennedy, Of Sumter; eX
parte ii. g. Mcleod, of Sumter; cX parte n. o..
Walker OF Barnwcll. Petitions for final discharge
Ilaynesworth IL Fraser aud Parker d Conner. pro
pets. Reports OF registrars in favor Of discharge
were read and confirmed, and The court signed
under seal certificates anu orders ol dlscnl:Se,,
EX parte John Smith, executor. in re E.F. NC
Lure. bankrupt. Petition 10 draw dividends
McAliey & I;rawlcy, pro pet. Leave given TO draw
dividends upon bond AMI security being given
to refund if the Supreme Court should decide
that slave debts are null and void.
Ey parte Thomas Fl. Chappell. assignee. III re
Wilford +. Peterson. Petition 10 call In liens. i.
". Spearman, pro pet. Referred TO registrar,
and assignee TO give notice 10 lien credllor 10
establish liens, &c, &c.
EX partc J. W. Spearman. assignee, in re ]. W..
Chappell, bankrupt. ldcm, ldem.
TX parte South Carolina Railroad Company IN IN
re G. A Scott Petition for sale 10 pay lien. Por-
ter Conner, pro pet. On hearing report OF regis
trar, ordered that same be- confirmed, and that
assignee sell the property mentioned in the pc
tition, and from proceeds pay costs, anu tncn the
bond and mortgages OF petitioners.
CIRCUIT COURT.
swercd to their names, and the court resumed the
consideration of the case OF Boykn vs.. insurance
companies.
order or rPleading.-Burrill +. Boykin vs. the
Germania Insurance Company, the Niagara IN
surance Company, the Hanover Insurance Com
pany, the Republic Insurance Company: AS
sumpsit. Monday, Goth December, 1862. Plain
tiir's attorney made motion to set ASIDE e, 9raer @
previously granted without prejudice, on 20 NO.
vember. 1869 viz: "a new trial in this cause
having been ordered, and the plaintiff having
been allowed TO amend his declaration. on nc
ton of Simonton & Barker, defendants attor-
neys, it is ordered that the defendants have leave
TO withdraw all pleas entered by them to the
former declaration, and TO demur orplead, as
they may be advised, de moro to the plain.
counsel conscnting, tho. order was rescinded.
The defendants counsel then moved for
leave to withdraw the pleas originally
filed 10 the old declaration, previous 10 the order
for new trial, and to demur or plead, as they may
he advised. de moro. After argument motion was
granted. The plaintiffs counsel then read the
declaration, and defendants counsel entered
plea in abatement, to which plalntiH demurred
On argument, demurrer was sustained and the
plea overruled. The defendants counsel then
filed special demurrers. Tuesday, Enlargement
MAS heard on special demurrers ana the lnuge
sustained the demurrerS as 10 the Isl, Zu ou anu
4th counts OF the old declaration, and overruied
the special demurrers as to the additional or new
counts. Defendants counsel excepted to the
rulings of the court on the demurrcrs TO the new
counts. Exception was noted by the Judgc. Inc
plaintifY's counsel excepted judges ruling
as to the 1st, I'd, Sd and 4th counts OF the
old declaration. The defendants counsel
now filed general issue and special pleas. We'd.
nesday, 22-Paintiff-s counsel, under 56th rule OF
Circuit Court for District OF South Carolina, NOV
ed to strike cut the special pleas. The motion
was sustained by the court and the pleas were
stricken out. The defendants counsel then NOV
ed for security for costs follows at appearing
a.. l.y.sh hn rN1n N
plaintiff In whose name the suit Is being carried
on, is non cOn,pos mentis, ordered that the cause
be stayed until security for costs be pnt In" MO-
tion overrulcd.
CIRCUIT COURT.
b. f. Boykln vs. Germania Insurance Com
pany, ct al. Argument was closed at nine o'clock
p. NJ, and after charge by the judge, the jury
retired. After being out about half an hour,
returned into court with the following verdict:
we find for the plaintiff In the sum OF $4,000,
with interest from the Goth day OF March, 1861"
John T. Sloan was admitted to practice In the
United States Courts for South Carolina.