The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-29
U. 8. CIRCUIT C0URT--CHLEFJU
S.P CHA6E, PRESIDING.

Z
The court opened at 10 O'Clock yesterday
morning, Chief Justice Chase and Judge Bryan
On the bench.
The petit and pleas jurors answered to their
names and we're discharged until ten O'Clock
this morning.
The court proceeded with the call Of the
Equity docket, and took up the case OF the
President and Directors OF the State Bank
OF South Carolina vs. Hugh McCrea. George
Searight, D. A. Amber. George F. Kreite and
C. D. Ahrens. Bill of comp amt and appica-
ton for an Injunction. Wiimot G. DeSaus-
sure, ESQ.,, for the bill. Messrs. Brewster.
spratt & Burke and John Phillips, Esq, con-
ira.
The prayer OF the bill was for an Injunction
against the execution Of Judgment obtained
in the State courts by certain creditors of the
bank, and to restrain the proceedings at law
Of other creditors; also that Messrs. Ed. Sc
bring and BENZ. Lee, Esqs., be appointed by
this court receivers. to proceed to call IN the
debts Gnd assets Of the bank, and pay out by
the decree Of thiscourt, from time to time, the
monies collected, according TO the respective
claims OF all the creditors. -. g..
Mr.. DeSaussure read the bill and Mr.. Spratt
the answer; Mr.. Phillips. stating briefly the
answer OF Messrs. Krete and Ahrens.
The Chief Justice said this was substantially
similar case to that o. the Southwestern
Railroad Bank vs. Edwin Parsons, ct al, deci-
ded at the opening of this court the only dis
tinction being that, in the present case, the
bank confesses insolvency, and in the other
there was no such confession. The court was
not aware OF any case which would warrant it
assuming the administration Of the estate Of
debtcr simply upon the ground OF insolvency.
II such case could be found the court will be
called upon to administer every estate where
the debtor found himself unable to administer
it himself. conveniently. A creditor might
come into, q court Of equity for the. appoint
ment ofa receiver, but debtor could not, and
this was not such case as calls for the inter-
position Of the court. The prayer Of the bill
could not, therefore, be granted. /;
Mr.. Spratt made the following motion, which
was granted: son hearing the bill in this case
and the argument Of counsel, it is ordered that
the bill be dismissed" .
John A. johnson, trustee, and Caroline A.
johnson vs. John Richardson, administrator.
J. J. Pope, ESQ.,, complainants' solicitor;
Messrs. Simonton & Barker TOR respondent.
Mr.. Pope read the bill and Mr.. Barker the an-
swer. After argument by counsel on both
sides, the court took the papers and the de-
cision was reserved.
The court then called the cases Of Caroline
Carson Vi. Alexander Robinson, and the
steamer General Sherman vs. the steamer
Gary. Counsel not being present, the Chief
Justice stated that these cases would be pass
ed and not called again except on motion Of
counsel to be- heard, and that the jury docket
viii be called peremptorily this morning.
The court then adjournsd.
On the bankrupt side of the court the follow
ing casee were disposed Of:
Ex parte B. r. Murtishaw, In re 3. B. Rhett,
Jr., bankrupt Petition for payment Of prior
osaim. Moroso q Sanders, prootors tor petit
tiopar. Deferred 10 J. @. Carpenter, Regis-
$far. 30 i
- m re William O. Moss, bankrupt. Petition
foe anal dischsree:s T. VI. olawson proctor for
petitioner. Referred TO W.: I. Clawsop. Regis
.rar, to make publication and invite creditors
to hold . final meeting and hearing, and to re-
port to This court. - ees--l..---.:.-
E1 pirte L. O. B. Thompson and 7. 8. JET.
freys, in 70 O.. 8. Cline. B. A. Latham. B. L.
Lindsay, @. J. Pride.' Petitions TO cell pro-
perty. r. W. ClaNson, proltor Tor petitioners.
Deferred to Registrar ". J. Ulswson, to report
sifer notice to lien creditors by assignee.
,-fs ID a-s----. .