Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-04-12
THE R-EGISTERsHIP.
OpsnIRB Of the Case Of erseIY VS.. 7. C..
Bleckley ct al.
Argument Of Ex.ChaheelIOr Smith for
ereely---Reply Of Attorney Wilson.
The Case to be Closed To-Day.

Yesterday the case of m~dRdamtts, styled
State Of Tennessee, &c rel George M.
Greedy VS.. 7. c. Bleckley, John Brown et
al, came up for a hearing before Judge
Anderson, of the Law Court. Messrs.
Smith, Randolph and Lee appeared for
Mr.. Greedy; Msssrs. Beecher, Sale, and
County Attorney Wilson appeared for the
County Court and Mr.. John Brown (whO
was duly elected by the County Court, on
Friday last, to fill the alleged vacancy
caused by the resignation of Greedy, as
already detailed in the APPEAL(. The
petition is for an alternative mandamus
upon the members Of the County Court
compelling them to accept the bond
offered by Mr.. GrCely, to administer TO
him the oath Of office, and to induct him
into the office of Register, or show cause
why they shOuld not do so. On ina
hearing the relatOr prays that a peremp-
tory mandamus be issued, etc. The petit
ton sets forth the fact that Mr.. Greedy re-
signed his office of Register of Shelby
county IN the 24th of March, 1870, by
hia resignation with the Clerk of the
County Court; that on the 18th of March
there was a general election held in Shell
by county; that he (Greely) was q candi-
date for the Office of Register of Shelby
county on said day, and received a ma
jority of the votes cast for said Office, and
that he received q certificate of election
INOLn -. 60OCku NOIlHlAsSlDutIs 6kE . anu
that the County Court refused to accept
his bonds and induct him into Office, etc.
The following fiat of Judge Anderson
appears Endorsed on the petition:
To the Clerk of the Law Court OF Men,
phis:
Upon the r~elator, George NJ. Greedy,
executing bond, with security for costs,
you will issue an alternative mandamus
to the defendants named in the foregoing
nafnfTOn as fngffRaE of ShpIhU nnnntU
commanding them to induct said George
NJ. Greedy into the Office of Register of
Shelby county, or to appear before me in
court, sitting at the Law Courtroom, on
the 7th day of April, 1870, at IL o'clock
am, and show cause, if any they have,
why they should lot do so.
IA ANDERSON,
April s, 1870. Judge, etc.
The defendants filed an answer, deny
lug that there was q vacancy IN the Office
on the 26th Of March, 1870, by which the
relator could be elected. They charge
frsud in the name of Mr.. Greely's cleo
ton: that in April, 1870, sometime after
the election, the County Court acted upon
the resignation of Mr.. Greedy, which had
been hIed With the Clerk Of the County
Court: received and accepted the same, |
and took proper steps 10 az said vacancy, |
as REQUIRED bv law. They charge, further,
thai the pretended election Of Mr. Greedy
was a cOnoooted scheme, On his part, to
psrpetUate himself IL office, and was null
and void. They also demuT &c the bill on
the grounds of no equity in the same, and
further, thai the Law Court had LIE juris-
dictiOn, etc.
The answer of John Brown Il also on
file, alleging that he Brown was elected
by the County Court to I'LL the vacancy
caused by the resignation Of Mr.. Greedy
he has given bond, etc, and claims
to be the Register of Shelby county, The
sets up eleven causes Of demurrer
TO the petition of Mr.. Greedy, and con-
by praying that the petition for
be dismissed.
The petition and answers aFe very vol
luminous, going into the details OF the
with m~inuteness, and we there
fore only present above the main features
Of the bill and answers
Several witnesses we're examined as TO
he votes cast for Mr.. Greedy, anu the
of conducting business in the
Registers Office sine the election by the
Register.
The argument was commenced by
Judge VIM. NJ. Smith, counsel of Mr..
freely. His argument was that the
court acted illegally spd contrary
o statutory Law in electing Mr.. Brown to
he Office of Register, citing several
Of the code with reference to
heir action in the premises. He con-
ended that there was a vacancy in the
,fice of Register on the 18th Of March, 4;
aused by the filing of resignation by Mr.. (,
freely, and that the Commissioner of !
Registration acted according to law when :
10 notified the electors that an election 7
would be hela for Offices in Shelby county, l
that Mr.. Greedy, Eeoeiving the high !
st number Of votes cast for that office, :
vas duly elected and entitled to be in (
ucted into office by the County Court. Il
'rOyisiOns Of the code and authorities J.
rere cited in support of these positions. d,
udgs Smith closed his argument last 4
vsning, having addressed the court for
early three hours.
At the conclusion Of Judge Smiths ar
ument, County Attorney Wilson COM 1
fenced the argument for the Shelby
Ounty Court. Mr.. Wilson reviewed the
in the case at length, with reference
the resignation of Mr.. Greedy, on the y
Of March, and hts alleged election on y
ie 25th to the office Of Register. He .
on the fact that though toe +
Of Mr.. Grsely was addressed d
the Chairman ofths County Court, and a
lid Chairman T. c. Bleckley, was ia his G
lice on said day; yet this resignation re- q
Iained in the Office OF john League, p
Ounty Court Clerk, without the knOYl- !
igs OF the Chairman, to whom it was v
The vacancy was not known ]
the County Court or by the electors of 7
county, except by his (Greely's) z
lends, who voted for him (Greelyi. q
Mr.. Wilson denied that these facts and y
reumstauces made a vacancy ia the 9
nee Of Register, and read sections OF the d
ode with reference to vacancies and the
amer of illing them.
At this point Judge Anderson informed b
that an adjournment Of the aTgg-
would be had 10 this morning at
s O'Clock, at which time Mr.. Wilson
i'll conclude his argument, and will be 70
llOWed by the other counsel retained in at
"a case. .,
The decision OF the court, when rem
red, will be given in full, a. it will no
,ubt embrace and decide many Impair
and novel questions with reference
elections in Tennessee.