The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-08-30

%, 1873.-The State, respondent, vs.
I. ". Hayne, appellant. Judgment set
aside. Opinion by Willard. "A. ).
Harvey Terry, appellant us. III. J..
Oalnan, receiver, aud Sarah Wallace and
William Wallace. executors. ct al, stock
holders OF the Commercial Bank OF CO.
lumbia, s. c., respondents. Demurrer
sustained for defect of parties and case
remanded. Opinion by Moses, @. j.
| The State Of South Carolina es rel O.
e. Lartigue ct al. rs. William A. Ncr-
land. Chairman Board Of County Com
missioners of Barnwell County. Order
directing writ already fled. Opinion
by Wright, A. J.
| Rules 6, Q, 10 and 10 Of the Supreme
Court were amended.
The following is The language OF tho
amendments:
at session of the Supreme Court
held in the city of Columbia on the 9th
day OF August, A. D. 1873, present the
Chief Justice and Associate Justices. it
was ordered that the rules of this cour.
be amended as follows:
Rule 6 is amended to read as follows:
Rule 6. All papers printed for the use OF
the court shall be on white writing
paper, in book form, aud each case or
other paper comprising more than two
leaves ehall be stitched or bound. Such
printed matter shall conform, as to
ritual form aud dimensions and as to
the dimensions OF tue printed page, to
the volumes Of tbs current series Of the
South Carolinu reports.
Small plea solid is the smallest and
most compact mode Of composition al
lowed. The folio, (of 100 words, num-
ber;ng from, the commencement to the
end OF the case, shall he printed on the
outer margin of the page. Zach
separate pupcr printed 70. tue use OF
the court shall. iusteu'l of being eu-
dorsed, set forth Oil the first pnyc, or,
II covered, on the first page of the cover
the following particulars: Tie style o..
| the court: the title u! the can-e, which
III case OF uu appeal, ,la.l s:ln! rs it
stood III the Circuit Court, witLou:
further change t1an adding the word,
"appcllant" and .'rcspon,irnt," 50 us 20
Indicate the parties appeuliag TO this
court, the nature Of the paper and the
names OF the attorneys. No charge For
printing tho paper mentioned in this
rule shall be allowed rs Il disbursement
i'll a cause unless the foregoing require
ments shal! be shown by AFFIDAVIT 10
have been complied with in all papers
hereinafter printed. nor where tlle brici
shall be held by the cuur! &c he in
sufficient.
Rule is amended to read a follows
Kule Q. The points referred 10 in rule
shall contain brief statement of tho
facts out Of which the questions to be
considered arose, the propositions Of
law and fact relied on and note of the
authorities and references. by folio, to
the evidence, where M examination Of
the evidence is necessary.
Rule 10 is amended as follows:
Rule ID. Upon the filing Of the return
OF the court below, in conformity with
the rules of this court, the cause will ne
docketed by the clerk. Causes will be
placed upon the docket according to
the respective circuits in which they
orig inally depended and in the order in
Which the returns were fled. Every
cause shall DO docketed before the first
day OF each term, and not afterwards,
except by special order OF the court, on
III otion, after ,ine notice in writing tu
the opposite party.
Rnie IL is amended by adding, at the
end thereof, the following paragraph
/ When party intends to moyb the
court that an appeal be dismissed or the
cause stricken from the docket for any
irregularity OF the tpking of the appeal
or in the record filed in this court, such
motion must be made ut the term rs.
signed by this rule for the hearing oi
special motions. Such motion, us to
all the matters OF fact involved not ap
pearing on the record fled in this cour:
and not appertaining to the class oi
which this court takes judicial notice,
must be made on atfilayits, copies oi
which must be served on The opposite
party, in conformity with chapter II
title u, 2I part Of the code of pro
ccaure, ct leas: eight days before the
day on which such MOTOR may be
heard.
Rule 4 is amended by adding at the
end thereof The following paragraph
When any party 20 n Judgment bfoush,
by appeal iutO this court shall die pend
ing snch appeal. any party in iu;ercs.
shall DC entitled TO move the court fot
AL orler making the proper representa-.
tive OF sncl deceased person party tC
such NJ appeal: AMI when, b. reason OF
such dcceas@, !he proper parties appel
a::t are not before tnn court and due
means TO have the proper parties rep
resented on Tie record O; this court ur,
hot taken IA. the ntXt ensuing term, the
n.1 .l, al, 4