The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-12-28

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UNITED STATES DISTRICT Court. Fri
day, December "a, 1869. Hon. Geo. S.
Bryan presiding.
Ec parte G. NJ. Jones, of Darlington.
Petition for final discharge. Parker &
Conner, pro pet. Referred to J. c.. Chr
penter. Register, and final hearing
ordered for January %, 1870, before
Court OF Charleston.
Ec parte Francis III. Kennedy, of Sum
ter; e:r pnrte 81. G. Mcleod, Of Sumter;
&c parte N. G.. Walker, of Barnwell. Pc,
titions for final discharge. Haynesworth
& Fraser and Parker e. Conner, pro pets.
Reports Of Registers in favor of dis
charge were read and confirmed, and the
Court signed under seal certificates and
orders of discharge.
E:r parte John Smith, Executor, in
nc E. G. Mcclure. Bankrupt. Petition
to draw dividends. McAliley g. Brawley,
pro pet Leave given to draw dividends
upon bond and security being given to
refund if the Supreme Court should de-
eide that slave debts are null and void.
Esc parte Thomas III. ChappelI, AS
signee, tn re Wilford F. Peterson. Pc
tition to call in liens. J. w. Spearman,
pro pet Referred to Register, and As,
signee to give notice to lien creditors to
establish liens, &C., &c.
Es parte j. w. Spearman, Assignee,
IN re j. ". Chappell, Bankrupt. Idem,
Idem.
Eepa,1e South Carolina Railroad Com
pany, in re @. A. Scott. Petition for
sale to pay lien. Porter 6 Conner, pro
pet. On hearing report of Register,
ordered, that same be confirmed, and
that Assignee sell the property mentioned
in the petition, and from proceeds psy
costs, and then the bond and mortgage
of petitioners.
UNITED STATES CIRCUIT CoCRT.-Fri-
day. December "a The Court opened
at 10 o'clock. The jurors answered to
their names and the Court resumed the
consideration of the case of Boykin as.
Insurance Companies.
ORDER OF PLEADING. G.-Burrill Z. Boy
kin rs. the Germania Insurance Compa-
ny, the Niagara Insurance Company. the
Hanover Insurance Company, the Re-
public Insurance Company Assumpsit.
Monday, Goth December, 1869. Plain
tiff's Attorney made motion to set aside
order previously granted without preju-
dice, on I'd November, 1869, viz: ga
new trial in this cause having been or
dered, and the plaintiff having been al
lowed to amend his declaration, on mo-
tion of Simonton & Barker, defendants
attorneys, it is ordered, that the defend
ants have leave to withdraw oil pleas en-
tered by them to the former declaration,
and to demur or plead, ns they may be
advised, dc nouo, to the plaintiffs decla-
ration and writ" Defendants counsel
consenting, the order was rescinded.
The defendants counsel then moved for
leave to withdraw the pleas originally
hled to the old declaration. previous to
the order for new trial, and to demur or
plead, as they may be advised, de MORO.
After argument, motion was granted.
The plaintiffs counsel then read the de-
claration, and defendants counsel enter
ed plea in abatement, to which plaintiff
demurred. On argument, demurrer was
sustained and the plea over-ruled. The
defendants counsel then filed special
demurrers. Tuesday, 21.-Argument
was heard on special demurrers, and the
Judge sustained the demurrers as to the
1st, I'd, Sd and 4th counts of the old de-
claration, and over-ruled the special de-
murrers as to the additional or new
counts. Defendants counsel excepted
to the rulings of the Court on the de-
mlrrers to the new counts. Exception
was noted by the Judge. The plaintiffs
counsel excepted to Judges ruling as to
the 1st. Cd, Sd and 4th counts of the old
declaration. The defendants counsel
now filed general issue and special pleas.
Wednesday. 22.-Plaintiff's counsel, un-
der Seth rule of Circuit Court for Dis
trict of South Carolina, moved to strike
out the special pleas. The motion was
sustained by the Court and the pleas
were stricken out. The defendants
counsel then moved for security for costs
as follows: cit appearing to the Court
by the plea i'll abatement, that the plain
titf, in whose name the suit is being car
RED on. is non cOmpOs mentiS. ordered,
that the cause be stayed until security
for costs be put in" Motion over.ruled.
CIRCUIT COURT.-B. T.. Boykin ps.
Germania Insurance Company et al. Ar
gument was closed at 8 o'clock p. M,