Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-01-28
STATE NEWS.

SUPREME CoURT-IAauSddy, Jan. 90
The case of Edward r. Broadnax, etai. VS..
Zachariah Groom, et al, Rockingham, be-
ing set for to-day, was taken up and ar
gued at length by Hon. W. FL. Battle for
the plaintiff and Hon. s.. T. Phillips for
defendants.
At o'clock the Court took u recess of
one hour for dinner, re-assembling at 8,
p. m.
The argument in the Broadnax case was
concluded by Hon. w. A. Graham for the
plaintiff.
This is the most important case, and the
questions involved in it were ably argued
by the learned counsel on both sides. The
grievance complained Of is irregular, ar
bitrary, unauthorized and exhorbitant
taxation levied by the Commissioners OF
Rockingham county for certain special
purposes, among others the building Of a
bridge over the Dan River. The tax the
Commissioners undertook to levy amount
ed to the sum of $37, 900, of which $12,-
600 was intended for the bridge.
The principal legal points embraced in
the case, are
1st. Whether an order for an Injunction
can be made by any Judge ont of the Dis
trict in which the action is to be tried, in
volving the construction of the sections
188, 100, 344, 345, of tho Code of Civil
Pro.
I'd. Whether an act of the Legislature
authorizing the County Commissioners to
levy special tax requires to be submitted
to vote of the people of the county before
the tax can be levied and collected. This
involves the construction of art. 2, sec. 16,
art. 5, sec. z, and art. 7, sec. 7, of the con-
stitution of the State.
3D.. Whether the Legislature can autho-
rize any other than the Township Board
of Trustees to assess the taxable property
of their Townships; and therefore, whether
the Revenue Law of 1859, SO far as it at
tempts to provide other assessors in the
Townships, is not unconstitutional.
4th. Whether the County Commission
ers of Rockingham county did not violste
the provisions of the Revenue act of 1865
-'9, chapter IA, sec. 10, when they under-
took to alter the valuation made by the as
SCISSORS by making the valuation of 1860,
the standard of the value of the property,
instead of simply revising the valuation
made by the assessors.
When this case was called His Honor,
Judge Settle, vacated his seat, and con-
tinued off the Bench during the argu-
ment.
Tomorrow ut 10 O. m. the impending
case of the State VS.. John w. Thomas.
will be taken up. A fine array of legal
talent will appear in this case.
Opinion in the following case has been
delivered
Ransom VS.. McCleese, from Tyrrell.-
Suit on note for $400, brought by en-
dorsee against the endorser and the
makers equitable set off pleaded by the
defendants, verdict for defendants, appeal
by plaintiff.
Pearson, @. J.-No error, Judgment af-
firmed.
1. In suit brought by the holder of a
note, as assignee with notice, against the
makers and endorsar, as administrative,
the defendants may plead as counter
claim or equitable set off, a note held
against the endorser's intestate, by the
makers of the note on which the suit is
brought.
2. A defendant is to answer or demur.
If he answers, the plaintiff is to reply or
demur ; but he is at liberty to do both at
the same time. The effect of thus plead
ing Is that the answer or reply valves the
demurrer, and the case stands open to no
objection, except the want of Jurisdiction,
or that "the complainant does not state
facts sufficient to constitute cause of &C.
ton"
3. Under the new Code, if q demurrer
be overruled, the case is opened for judg-
ment, as if the party had made no defence;
unless he obtains license to amend his
pleadings, by putting in an answer or
reply;
4. When several allegations are made
in support of "singIe cause of action" the
opposite party cannot reply to some of the
allegations, and demur to others
8. A Judge is not bound to take it for
granted, at the suggestion of counsel, that
the Jury did not understand him, and for
that reason that he ought to repeat his in
structions.-RaIeigh Sentinel
PARsoN SINCLAIR.-In reply to the card
of the fighting parson," tie Raleigh
Sentinel says "And wo now repeat that
James Sinclair did, on the train from
Goldsboro' to Raleigh, on Saturday night,
January 10Th. 1870, behave so rudely and
! lhsnitlng to two young ladies, who were
travelling In charge of the conductor, that
| one OF the young ladies tainted under the
| excitement his conduct ca1sed her. and
that they had to demand the protection of
the conductor against him. That he was
| taken from the coach in consequence of
| his conduct
| We have made the statement Sinclair
has his remedy; we dare him to the test;
add aoe s0iH proOe M zoe hare said.''
SUDDEN DEATH OF PHYSICIAN AT MUIR
FREEsBoRo'.-W learn that DIR. Richard
Shields, from Winton, while sitting in the
Office of friend in Murfreesboro' on Mon
day night last, died suddenly from disease
OF the hearf. he was at the time on his
! way TO Maryland to visit sister. The de-
ceased was about forty-seven years of age,
a man of no family, but leaves a large cir.
Gle OF friends to regret his death.
Weldon Ne,rs.
| Hon. w Radfor1 Of W.T. ..---