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

COURT OF CoMfnN PLEAS IL.
This Court maS soording to law, at
10 A. NJ. DSeKet No. 6 was called
aud judgments by default entered.
amendments OF the code Of pro
cedore. The illegality OF the amend.
ments to the code OF procedure was
argued by The Attorney General;
Meesrs. G. D. Melton, john s. Green
and J. d. Ron conteIding for their
legality. These arguments occupied
the attention of the Court until Q P.
NJ, at which time the Court took re-
cess until 3 P. NJ, holding the con.
tested point under advisement.
At ) p. NJ, the Court re.assembled,
and the decision of the Court rendered
as regard to the illegality of the amend.
ments to the code. The decision aua-
tained the views Of the Attorney Gene.
raj. and held that the amendments
were illegal aud Of no effect.
Amo.ion by Mr.. Wingate, to set aside
q complaint on account of q variance
between tue summons and complaint,
Mr.. Janney opposing, the motion was
made. The motion was over-ruled,
the summons were directed to be 80
amended as to conform to the COM
plant, and twenty days given the de-
fendant in which to answer the
amended summons.
IA NJ otion by the Attorney General, to
prevent judgment by default being
taken against his client, in case whero
tho summons for money demand fol-
lowed the amended codo, and stated
that the plaintiff would ''apply to the
Conrt" for the Judgment demanded in
the complaint instead of following the
old code Of procedure, and stating that
tie plaintiff will take judgment, &c.,
was ove1-ruItd; Mr.. Rice opposing thu
II otlon by the Attorney General. The
Court held that any judgment that
might be taken before the Clerk of the
Court of Common Pleas. might be
taken efore the Judge of that Court
the Attorney General excepting to the
ruling.
Ihe 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 G General Melton stated
that he had not had time to prepare
the bills in the eases against certain
County officials up to that time, and
requested that the Court of General
Sc ,sioIs 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 In the cases that they had brought
to his attention. The Court then ad-
journed 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 hoid-several criminal cases
having been set by the Court for trial
ut that time.
HoTrI ARRIVALS; May II. 1874
|'Aeelcr House-Miss Harrison and
maid. Brooklyn; F j Prentiss and
vile. i G Prentiss, wife, child and
maid, W J Worthington and wife,
Master Wyman Worthington, Mrs W
Il Smith, New York; " A Bradley,
Augusta; A Toon. John " Tyler,
Lexington; Chr L Gundersdoff. Ba!!;.
more; L D Latta, New York; Frank II
larnhart, q S A; j G Buiow. Fairfield;
Wm + Earle, Greenville; n Fl DeLeon
aud lady, Charleston; Thos G James,
Wilmington; A Wichman. c.; James
A Turrentine, N G; D J Eaton, DR.
\ Smith, Michigan; J J Gresham, Ga;
n Levin, Wilmot G. DeSauesure,
Charleston; r 8 Desportes, wife and
son. Kidgeway; G L B Marsh, N CD
r DeSassure. Jas r SCOTT, city; F M
West, n @; VIM 81 Trescott, Pendle-
ton; A Burt. Edw L Parker. Thomas
Thompson, S MCGOWAN, Abbeville; B
r Whitner, Anderson; Judge T. 81
Cooke, Greenville.
Columbia Hot.l-J Mullen, Va;JW
O'Brien, Charleston; J NJ Barrett, Bal.
timore; P L Wiggin. Beaufort; T G
Andrews, " j DeTreville, Orange
burg: II 81 Evans, N Y; G W Thames,
N G; I ] Mackey. Chester; W D Ken
pedy. G p Reab, Augusta; J H Wrenn,
Mo: 7 Blhcock. N G; N Somers,
W Cash, Va; II B Malcolm, Mo; May.
wood Courtney, La; J Fry, Ga; Amos
Woodward. n \; j " Wilkins, Della.
ware; r NJ Shuster. D c; Caleb Thorn,
\ J;J Iancey brooks, La; NJ James,
Georgetown.
Heairic House-L G Lemburger,
Ga; J G Payne. Il G; J Goodman, city;
L w Carwile. " A Sanders, A p Nor
ris, Edgetield; p a Woods, wife and
son. $ Q; s I Proflitt, P Fl Hanes, N
Q; d Il Feaster, Fensteryille; " n
Fragics, Greenviile.