The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-05-12


aud judgments by default entered.
pursuant 70 the 'sprovisions of the
amendments Of theF code Of pro-
oedure. The illegality OF the amend.
ments to the code Of procedure was
argued by the Astorney.General:
Messrs. q. ID. Melton, John Is. Green
and j. 81. Rion contendipg for. their
legality. These arguments occupied
the attention of the Court until 2 P.
NJ, at which time the Court took re-
cess until P. NJ, holding the con.
tested point under advisement.
at 8 P. NJ. the Court se- assembled,
and the decision of the Court rendered
as regard TO the illegality of the amend.
ments to the code. The decision sus-
raj, aud held that the amendments
~ motion by Mr.. Wingate, to ses aside
complaint on account OF variance
between the summons and complaint,
Mr.. Janney opposing, the motion was
made. The motion was over-ruled,
the summons were directed to be so
amended as to conform to the COM
plant, and twenty days given the de-
tendant in which to answer the
amended summons.
, IA motion by the Attorney General, to
prevent Judgment by default being
taken against his client, in case where
tho summons for money demand fol-
lowed the amended code, and stated
that the plaintiff would "apply to the
Court" for the judgment demanded in
the complaint, instead of following the
old code OF procedure, and stating that
the plaintiff will take Judgment, &C.,
was orer-ruied; AIr. Rice opposing the
otIon by the Attorney-G General. The
Court hold that any Judgment that
might be taken before the Clerk of the
Court of Common Pleas, might be
taken tefore the Judge of that Court
the Attorney General excenting to the
ruling.
The Grand Jury came into Court,
and announced that they had nothing
to do, having acted upon all matters
that had been properly before them.
Mr.. Attorney.General Melton stated
that he had not had time to prepare
the bills in the eases against certain
County ofticiale up to that time, and
requested that the Court of General
Be eisioGs be not adjourned until Mon
day. tho 18th instant, at which time he
felt confident that he and tho Solicitor
would be ready to submit to the Grand
Jury proper bills for their considera-
tion III the cases that they had brought
to his attention. The Court then ad-
journtd the Grand Jury until Monday
next.
The Court of Common Pleas ad-
journed until 10 A. NJ. tomorrow. &
The Court of General Sessions will
also hold-several criminal cases
having been set by the Court for trial
at that time.
HOTEL ARRIVALS. May IL, 1874
Wheeler House-1iiss Harrison and
maid, Brooklyn; F j Prentiss and
wife, L G Prentiss, wife, child and
maid, W ] Worthington and wife,
Master Wyman Worthington. Mrs W
Il Smith, New York; W a Bradley,
Augusta; A Toon, John W Tyler,
Lexington; Chr L Gundersdorf. Balti-
more; q d Latts, New York; Frank II
lzarnhart, U S A;J G Bulow. Fairfield;
Wm p Earle, Greenville; b III DeLeon
and lady, Charleston; Thos G James,
Wilmington; A Wiohmsn. 8 G; James
A Turrentine, N G; D J Eaton, DR. j
n Smith. Michigan; ] Gresham. Ga;
~ heSAos WHnOt 1 Oe6Au6SufP,
Charleston; r s Desportes, wife ana
son. Ridgeway; G L B Marsh. N Q; D
r DeSassure. Jas R SCOTT, city; F M
West, N O; VIM 81 Trescott, Pendle-
ton; A Burt. Edw L Parker, Thomas
Thompson, s MCGOWAN, Abbeville; B
f Whitner, Anderson; Judge T 81
Cooke, Greenville.
Columbia Hotel-J Mullen, Va; JW
O'Brien. Charleston; J NJ Barrett, Bal
timore; P L Wiggin, Beaufort; T c
Andrews, W J DeTreville, Orange
burg: II 81 Evans, N Y; G W Thames,
N Q; I J Mackey, Chester; w D Ken
nedy. G E Reab, Augusta; J 81 Wrenn,
Mo: 7 Babcock. N c; J N Some.s, J
" Cash, Va; Ii B Malcolm, Mo; May
wood Courtney. La: Fry. Ga; Amos
Woodward. N Y; W Wilkins, Della
ware; r NJ Sinister. D G; Caleb Thorn,
y J;J Yancey Brooks, La; nj James,
Georgetown.
Hendric House-L & Lemburger,
Ga; j G Payne. II G; J Goodman, city;
L w CarwiIe, " A Sanders, A P Nor
ris, Edgetield; P A Woods, wife and
sou. S G; s I Proflitt, P Fl Hanea, N
G; D r Feaster, Feastcrville; " 81
Fragies, GreenviIle.
LIST OF NEW ADVERTISEMENTS.