The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-05-31

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~. ---;>->---~ --->----~------- ~ stsi
SDPRhMs Counr, TUESDAY. May so.
The Court: met hs 10 "A. NJ. Present
Chief Justice Moses ana Associate jug
tees Willard and Wright .,sa,., a.,.
T. l.. Bnlow, al, al, ps. @. O.. .Witte.
MIR. Phillips was heard for appellant.
Messrs. Simons and Dunkin for re-
spondents. tts..Ai t'.,I 4. .N-:'
The State cs. Orlando @. Scarborough.
Motion in arrest Of Judgment, granted,
Opinion by Chief Justice Moses. 4 E5li.'
After trial has commenced and the
Jury charged with the case, no Juror can
DO Withdrawn exoept from necessity. the
consent OF the parties, or the permission
OF the law. .a@a n1It.tr!1
john 3. Earle ps. =. ". Harrison. et
N., Circuit decree modified Opinion
by Chief Justice Noses. III l,il91 iFli-
Harris, ,Yfi1 1852 bargained lrfor o
trnot OF Iaud with Earle, the plaintiff.
who. onN acceptance OF Harris' NOTE
Tor the purchase money, executed bond
10 make ntle when the note should be
After several payments on The note,
Harrison his interest in The IandI r
agreed to receive for the baIafcg 1j1e nn
the mote that Of 81. e. w. They also
executed to- Harria their noss for ihe
balance OF the purchase money; and f.
assigned to Harrison the laud for title
Harrison claiming TO hold it to indemni-
~ him as surety oh the note to Harrfh.;
Bill fled fora performance Of the con-
tract. or for an order for sale IL tthe land
TO eatisfy plaintiffs note. i.!ti- c..l
;'Held that E.. the plaintiff whs hst
such q party to the new arfappahtntlaa
snbjectsd him to- all its oohsednencesito
the same extent as Harris could be bound
It: ahe chad fled a bill against 'his co.
defendants. That as to plaintiff. the
contract could not be regardedeas one to
be satist1sd inEConiederate money, and
that the pro visions of the Act Of 1866
could notappty As against the PLAINTIFF
In the evsne Of failure of H. &iW, to
pay the note toFplainti6, the land order.
ed Tor saie Tor It's ssa&isiaction-the, euui-
hes het1esn Harrison & Whitaker totbe
settled by tho Circuit Court. galioo'
10 at r: ID, the Court adjonrned until
"wednesday, 8lstj'at' 10FA. M. III -;E .>3i.
.ALl ~. . :