The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1871-03-10
OUR COURT.

Our Court is still in session but will
adjourn to-day as his Honor Is
compelled to hold the regular term OF
his Court at w alfalfa, on Monday next.
The sessions of the Court have been
carly and late, and large amount OF
business has been done. Alargc amount
still remains upon the Docket, and will
occupy the Court many weeks still. un-
less the course is adopted here which
has prevailed in other circuits OF refer
ring the cases to referees, to be determ-
ined out of court. This is cheap ana
speedy mode of cflecting results ana
perhaps equally satisfactory as the tf!&l
byjury.
THE charges Of his Honor have been
characterized BY his usual ability-meet-
ing boldly and presenting clearly ali the
issues involved the cases and as con-
sequence, the vcrdiets of the juries have
been for the most part very satisfactory.
AS to ante-war debts, they have adher-
red to the rule previously adopted OF
giving one-half Of the principal with
interest to January 1st, 1861. AS to the
debts contracted during the war, they
have adopted q rule equally uniform
finding the true value of the property
under the ordinance of the Convention,
eitherb by the testimony Of witnesses or oy
the Corbin scale, as they might see pro-
par, and then halvinG the debt, ana
calculating the interest to the present
time. The Judge announced the decision
Of the Supreme Court, that the Corbin
law, propounded no inileNible rule but
was only a mode of asccrtainlng the
true value of the property, and might be
accented or discarded by the jury. A
strict adherence to the law would work
manifest injustice, as its scale was adJus-
ted to the fuctuating value of green
backs during the war, and as result, BY
this scale the value of confederate dol
lar was more on the 1st August, 1864,
thanson the 1st August, 1SG5-as at the
first named period it took only S1.S4 to
make the dollar Of lawful money,
whilst on the lst August, 1858, it took
s1O.s5 of Confederate money. During q
certain period Of the time it furnished a
very good rule but at other periods it
would work manifest injustice.
One oftho most interesting cases Of the
term was that ofNVm. II. Parker, Com'r,
yg, Mrs. Wilson, of Due West, to recover
the value of tract of land sold during
the war. Suit was brought on the bond
given for the purchase money, and the
defendant pleaded tender Of Conted-
crate bonds about the close Of the war
and also of gold, calculated according
the brokers' scale; and claimed at least
an abatement of one half of the true
value of the land. Witnesses proved
that the land was worth s. or So per
acre, and the jury found the true value
without abatement-sone $4,000. His
Honor expressed his views very de-
ci ledly, that where defendants were in
possession of land sold during the war,
they should pay its true value.
The case of Ward vs. Calhoun a
suit brought by Confederate quarter
master upon a Confederate note worth
only, after the application of the scaling
rule, some $3.50, occupied one half day,
and evoked the earnest efforts of coun-
sci pro and con. The defendant alleged
that the note was given for money due
him on the pay rolls, and was intended
as receipt merely. The verdict was
for the defendant, and the plaintiff finds
that law is costly machinery. for vindi-
eating principle. : -
The case of Bowie, VS.. Connor and
others, was upon sealed note given
by defendants to Messrs. Wilson
and Noble for professional services;
and which he'd been assigned under
Act of Assembly to plaintiff: The plea
was failure of consideration, inasmuch
as owing to the war the services were
not rendered. His Honor ruled that if
the services were faithfully rendered
up to the time Of the assignment in
1862, they We're all sufficient to support
the note-that no notice Of the assign
ment was necessary to the defendants,
and that they could set up neither dis
counts nor payments against the origi-
nal payecs, after the date Of the assign
neDt..
The case of Kellar VS.. Cressweu was .
suit to recover $500 deposited with q
stakeholder 10 abide the lot Of o wager
Under the instruction Of the Court the
jury found for the plaintiff, the wasel
being illegal.
The juries were discharged on ycstcr
day. ....
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