The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-06-02
o. s. CIRCUIT COURT CHIEF JUSTICE
S.P. CHASE, PRESIDING.

The court opened at ten o'clock yesterday
morning, Chief Justice Chase and Judge Bryan
on the bench.
The jurors answered to their nance.
The Jury In the case of Robert L. Livingston
ct al, vs. v. 8. Jordan, reported yesterday, re-
turned verdict that the premises described in
the pleadings we're the property Of the plain
tif, and assessed damages at one cent.
]. M. Aston vs.. John L. Manning. Debt on
bond. Demurrer and special pleas. W. A..
Pringle, Ed. MoCrady, Esqs., and Hon. VIM.
Hull, of Augusta, for plaintiff; Porter & Con-
ner and j. 8. G. Richardson, Esqs., for de-.
fendant.
Mr.. Porter, under instructions, moved for q
,ntinusnce Of the case on the ground that the
juries are not organized as the law directs.
It was ordered that the jurors should be
drawn under the last act Of the Legislature,
one section of the act having provided that
it should take effect from it's passage. The
Judges Of the State Court had declined to exer-
cise Jurisdiction until the Jurors are drawn in
conformity to the act, and the question arose
whether under the law the party litigant in the
United States Court has not the right to ask
a continuance Of his cause until the jury is
drawn in conformity with the existing State
law. II they thought proper to accept the
Jury as organized, there could be no objection.
But it was question whether it is not the
spirit and intent OF this law that the practice
OF the Courts OF the United States shall con-
form itself 10 the practice OF the State Courts.
Mr.. Hull said that every sot Of Legislation is
prospective and not retrospective, unless ex-
pressly provided in the enactment itself A
change that is made in the law after the Jurors
are drawn, the venire issued. the jurors sum-
moned, and the venire returned, will surely
not be held to invalidate that proceeding, and
thereby render it impracticable to hold tenn
Of the court.
The Chief Justice gave verbal opinion,
refusing to grant the motion for continuance.
The argument on the demurrer and special
pteas r.o then heard, and the decision Of the
court reserved. ------
E. P. Scott, ". A. Alexander, ct al, vs..
Southwestern Railroad Bank. Cases continued.
Steamship Gary vs. steamship General
Sherman. Libel for sal wage. Porter & Con-
ner for hbellants; Magrath & Lowndes for re-
spondents. The bill and answer were read, af-
ter which the court adjourned.
In Bank,uptcy.-ames Daniel, in re q. 8.
Cline; John Ratterer and Adam Ray, in re
John J. Porter. Petitions to establish lien and
judgments, were referred to W. ]. Clawson,
Registrar. W. o. Hunter, In re James B. aun-
ter. Petition to set up lien ofa mortgage; re-
ferred as above. James B. Vaughan, David A.
Layne, Joseph G. Gault, John McCulloch and
Andrew Jordan, we're finally discharged in
bankruptcy.
SUPREME Court, JUNE 1.-Present, Chief
Justice Moses and Associate Justice Willard.
MIR. B. 8. Tharin was, on motion, after exami-
nation, admitted to practice in the Supreme
Court.
The case of John E. Phillips and John, g..
Riggs ads. W. q. aiIliland, J. b. Taylor and
F. NJ. Robertson, was resumed Mr.. Lord for
tho motion; Mr.. Lowndes contra. Mr.. Lord in
reply.
The cases Of John McKeegan vs. Daniel
McSwiney. and ex parte John McKeegan in re
Ell. O'Neill, administrator, vs.. N. 8. Mckewen,
ct al, were taken up together. Messrs.
McCrady and Magrsth were heardtor the mo-
ton up to the hour Of adjournment.