The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-17

"nV I'LL HpPeai is taken from the deCl-
sion, case or EXCEPTIONS must be settled
IN the usual form, upon which the argu-
ment OF the appeal must be had
SEC. 2So. a motion for a new trial, on
case or exceptions, or otherwise, and
an application for judgment on special
verdict or case reserved for argument or
further consideration, must, in the first
instance, be heard and decided ut the
same term, except that when exceptions
are taken, the Judge trying the cause
may at the trial direct them to be heard
IN the first instance Mt the next or spe-
clnl term, and tho Judgment in the
meantime suspended; and in that case
they must bo there heard, in the first
instance, and judgment there given. And
when, upon trial, the case presents only
questions of law, the Judge may direct O
verdict.
CHAPTER ".
TRIAL DY THE COURT.
SECTION 200. Trial by jury, how
waived.
Sec. 2o1. On trial by the Court. iude-
ment, how given. Motion for new trial.
SEC. 202. Exceptions, how and VIXEN
taken Judgment ut general term.
SEC. 293. Proceedings upon Judgment
on issue Of law.
Sec. $50. Trial by jury may be waived
by the several parties to M issue of fact,
in actions on contract, and, with tho
assent Of the Court, in others actions. in
the manner following:
l. By failing to appear at tho trial.
z by written consent, in person or by
attorney, filed with the Clerk.
3. BY oral consent in open Court, en-
tered in the minutes.
SEC. POI. Upon the trial of question
OF fact by the Court, its decision shall
be given in writing, and shall contain a
statement OF the facts found, and tho
conclusions of law, separately; and upon
a trla! OF al issue of law, tho decision
Snail 6e made III the same manner, stat
Ing the conclusions of law, Such deci-
sion shall be filed with the Clerk within
sixty days after the Court at which the
trial took place. Judgment upon the
decision shall be entered accordingly.
SEC. 292. H. For the purposes of On
appeal, either party may except to de-
cision on matter of law arising upon
such trial within ten days after notice in
writing Of the judgment, III the same
manner and with the same effect as upon
4 trial by jury: Provided, however, That
where the decision filed under Section
two hundred and ninety-onc does not
authorize final judgement, but directs
further proceeding before q referee or
otherwise, either party may move for n
new trial at the next term, and for that
Apurposc may, within ten days after no.
Ntice OF the decision being filed. except
thereto, and make case of exceptions
as above provided in case Of an appeal.
=. And either party desiring a re-
view, upon the evidence appearing on
the trial, either of tho questions of fact
or Of law may, at any time within ten
days after notice of the judgment, or
withtp such time as may be prescribed
by theyules Of the Court, make case
or executions in tho like manner N. upon
trial byAjury, except that the Judge, in
settling We case, must briefly specify
the facts fAind by him, and his concluE.
sion of lawA
SEC. 2o3.R Rn Judgment for tho nlaiu-
tifl upon anNissue of law, the plaintiff
may proceed W the manner prescribed
by the first twAsub- b-divisions Of Scctiob
two hundred Nd sixty-nine, upon the
failure of the defendant to answer, where
tho summons wnApersonally served. If
judgment be for,Nle defendant, upon M
issue of law, nnd} Making of an account
or the proof of m Nfact be necessary to
enable the Court tScomplete the jndg-
ment, reference orNasscssment by Jury
wdy ni9Iyd be ordered as :Ath"t Section pro
CONTINUED IN OCI5SSEYT