The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-09

8.-Qonrt met Of 10 "A. M, PSeeent-r
Chief Justice Moses. and Associate jus.
tices Wright and Willard 80, s.isse
The Eighth Oircnit was called. FTrhs.
tees'o estate OF DR.. John De La Howe
vs. W. P. Beloher and WV. Belcher.
administrators, ct al. Struck off,: .s;
The following were continued: Vim.
r. Jones, appellant, %. H. p. Hsmmeit.
respondent; R. 81. Earle, appellant, vs.
r.. f Stokes. respondent; Susan Trotter.
appellant, vs. w. w. Robinson. respond.
ent; the State esc rel. e. Q. SILVER. ct al.
Mandamus. The Attorney General read
rejoinier 10 reply Of petitioner, and then
moved the Court that the issue of ,faot
be referred to proper tribunal, for de-.
Termination. Mr. Campbell, contra.
Mr.. Memminger iu reply. The follow.
ing is the rejoinder: 80,
The respondent, by way Of rejoiuder
to the reply Of the relators. says that by
reason Of anything in said reply stated,
the said writ of nsandamus should not be
granted, because, he says:
1. That, as to the first ground taken in
the -c!c:a ot .h:s respondent, tho aiiega.
tions therein contained are sufficient in
law to maintain the position OF the re-.
spondent.
| 2. That, as to the second ground taken
IN the return OF this respondent, the
allegations therein contained are sufli-
cient in Law to maintain the position of
| this respondent.
3. AS to 30 much of the reply OF the
reiatofs as Is In answer to.this respond
ent's averment OF the consideration for
the issue, by the State, of the said reye.
|
that the consideration, as stated in tha
said reply, and in the recital made
therein, is not truly stated; and that the
consideration was the alleged fact that
the State had become and was liable to
pay the bonds that had been issued by
the Blue Ridge Railroad Company, when
in truth no such fact existed, and no
such Liability had been incurred.
4. AS to the fourth ground, this re-.
spondent ayers the enid Act to bs repuo.
nant to the Constitution of this State,
and, therefore, unconstitutional, null
and void.
5. AS to the fifth ground, this respond.
ent ayers the said ACT to be repugn3nt to
the Constitution of the United States.
null and void.
6. AS to the sixth ground, this re-
spondent AYERS that the Act of March 2,
1872, does evince the design set forth in
the return, and that all the provisions
thereof are unconstitutional, null and
void. m
Z. AS to the seventh clause of the
reply, this respondent rejoins: That the
| act sought to be performed is inoonsist.
ent with the Constitution of this State,
and with that of the United States: ig in
conflict with respondents oath Of Office,
and is not a duty which he can be re-.
quired to perform.
8. This respondent denies that, BY
reason OF anything set forth in the
eighth ground of the reply. he can be
required to proceed to give notice OF said
tax. and cause the same to be collected.
8. This respondent insists that nothing
set forth i'll the ninth ground OF. the re-.
ply is sufficient answer to the cause
shown in the ninth ground of his return.
| 10. This respondent insists that no.
thing set forth in the relators' tenth
ground Of reply is sufficient answer to
the cause shown in the tenth ground of
his return.
On which said several matters and
things, this respondent prays Judgment
of this honorable court.
SAMUEL W. MELTON, 81
Attorney General
G. G.. MEMMINGER,
OF Counsel for Respondent:
@. Waller vs. James Creswell, ct al.
Mr. Burt for appellant.
The following decision was rendered:
B. f. Massey us. B. W. Brown, executor.
Decree of Circuit Judge reversed and
case remanded.
At IL 30 Court adjourned till Thurs.
day, 9th, at 10 A. NJ.
|
LIST OF NEW ADVERTISEMENTS.
| Lanrensville Female College.
| Music Professors Wanted.
A. Stork-Cider.
s. Straus & Bro.-Selling Out.
| F. J. Moses, Proclamation.
| Chas. Barnum-To Taxpayers.
| Nurse Wanted.
Hope & Gyles- Coffees and Wines.
A ROMAN CANDLE IN CHURcH. Quite
q aensation vas created among small
assembly at the Paris Catholic Church
while getting ready for high mass Christ.
mas morning. On Christmas eve,
Catholic lady entered Joe Rion's con-