Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-04-14
II s~HERlFFALTY.
Gen. n. ]. Wright Receives his Certificate
and Is IHductsd into Once.
He Gives Bond, but Is EnlOined from Ex-
erCising the Functions Of Sheriff.
A Nice Kettle of FIsh---WhO is Who, and
What Is What7

The contest for the office of Sheriff was
brought to an issue last evening bef0ret the
County Court. Gen. Marcus j. Wright
appeared before the County Court by
counsel, consisting of Gov. Harris, I. W.
Brown, Esq, Col. San and Gen. Pillow.
Sheriff Curry was represented by Major
A. Beecher, Judge Lee and M. Ham
mond. Counsel OF Gen. Wright presented
to b Court his certificate Of election to
the Office of Sheriff Of Shelby county, of
date March %, 1870, issued to him by Com
missioner Shock, and asked that his bonds
be received and that he be indueted into
sf1ce. Colonel Curry, by his counsel. OBJ
jected to such proceedings, u insisted
that as he Curry had previously ten
dered to the Court the regular returns of
the Registrar, showing that he Curry
had been elected to said office and was
ready to enter into bonds; that the Court
should first decide whether or not they
would receive his bonds and induct him
into Office. These respective propositions
gave rise to a protracted discussion be-
tween the respective lawyers. The GER
ti6cRte of General Wright was issued by
Commissioner Shock upon an amended
return. which. bv leave of the Court, he
was permitted to file, in which Registrar
Shock states that he had discovered since
the filing ofthe first return that two polls
had been opened and held in the Tenth
ward when only n was author
lied by law, and being unable
TO decide which of the two
was authorized, he had, in making up his
amended return, thrown u both, which
left General Wright with a majority V
Curry of 1877 votes. The County Court,
on motion, by a vote of thirteen to three,
resolved to accept the bonds of General
Wright and qualify him, which was done
Immediately. The Court then rejected
Colonel Curry's application TO qualify.
The bonds of General Wright were fixed
at $4,000. DR.. p. P. Frame and Mr.. NJ.
J. DOYLE were accepted as sureties.
A few minutes after the foregoing pro-
ceedings were had, an injunction was is
sued by the Circuit Court Clerk upon the
nat of Judge Anderson of the Law Court,
enjoining and restraining General Wright
from attempting to seize or taxi possess
sion of the Office, or any property or papers
belonging to the same, or from exercising
or attempting to perform any of the func-
of the Office during the tendency of
the contest in the Circuit Court, and until
the further order of said court. The in
junction was a bill in the nature of a quo
CdrrdntO, and was made returnable on
the fourth Monday in May next. The
bill filed by Colonel Curry alleges fraud,
and that the powers of the Registrar
over the returns ceased Immediately upon
his filing his first return within ten days
after the election, as required by law. A
mdnddmMs was issued at the same time
commanding the County Court to
Colonel Curry into the office
Of Sheriff of Shelby county, or
appear and show cause why
hey have not lone so. Both of the above
writs were immeditely served. As the
sase stands at present, we have two
Sheriffs, both claiming the ofice-one in
possession, the other not. We have a
de lure and a Sheriff de JGctO, and
.wo more ia prospective, for ii is claimed
many that as Col. Curry's term Of
Ifhce expired upon the qualification of
his successor he is no longer Sheriff, and
be Coroner will have to perform the
OF this important office, he becom-
Sheriff eT O1IciO. But unfortunately
Shelby county, the Office of Coroner
S claimed by W persOns-Mr. Samel-
ON and Esquire Giles-aud these
after worthless stand much in the
,ame relation toward each other
Is do General Wright and Colonel
curry. We would like to know which Is
The opinion of many legal
minds seems TO be that during the pen
fancy Of the controversy in the Circuit
court, the cOroners will be Left to bury
he dead, and Colonel Curry will retain
he Office. We, however, await further
developments Of this legal var with in
crest, and will keep readers posted
Is to the movements of b respective
claimants. We have no doubt the courts, |
ided by the splendid array of counsel
Engaged, will be able to decide the con-
est according to law.