The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-16
PURNELL APPEALS.
DOES NOT LIKE JUDGE COBLE'S
DECISION SHUTTING
HIM OUT.
THE BANK GETS ITS MONEY

The Commercial and Farmers Bank
viii be Reimbursed tor the Money
They Paid HoOIa-BOOm--Bu Mr..
Il. r.. Purneil, Attorney for the Ar
rington Committee, gets Nothing~-
The Case to be Carried at Once TO the
Supreme Court.
Judge Coble yesterday rendered his
decision in the Purnell Worth case.
In this case T. E. Purnell and the Com
mercial and Farmers Bank ask for wtits
of mandamus to compel Treasul CT
Worth to pay their claims for money and
services rendered the notorious AIRING
ton Investigating Committee.
The reports of the decision published
prematurely in some newspapers were
erroneous. They stated that the opinion
had already been handed down, and that
the case had been decided against Treas
urer Worth.
The following is the decision in full:
NORTH CAROLINA Wake County.
Thomas r. Furnell and the Commercial
and Farmers Bank
vs.
VI. n. Worth, Treasurer of the State of
North Carolina.
This cause coming on to be heard at
Chambers, in the city of Raleigh, N. O.,
on the 25th day of September 1895, upon
a case agreed between the parties above
named, and the same being heard and
due deliberation having been had
thereon:
1t is considered and adjudged that
the plaintiff, the Commercial and Farm
ers Bank, is entitled to the writ of
mandamus to enforce the payment by
the defendant, as Treasurer of the State,
of the amount, copy of which is at
tached to the case agreed, and marked
Exhibit B. And it is, therefore, ad-
judged by the court that the writ of man,
damus issued in behalf of the said plain
tiff, the Commercial and F&rmers' Bank
and against the said defendant,
as Public Treasurer, commanding
the said Public Treasurer to pay to
the said plaintiff the amount of the said
warrant mentioned in the case, towit,
500 40. And it is further adjudged, that
the said plaintiff recover its costs, to be
taxed by the clerk against the said defend
ant.
1t is further considered and adjudged,
that the plaintiff, Thomas r. Purnell, is
not entitled to the writ Of mandamus to
enforce the payment by the def. nd
ant as public treasurer of the warrant,
a copy of which is attached to
the case agreed, and marked Exhibit A,
and that the said writ be and the same
is not allowed to the said plaintiff, Thos.
r. Purnell, in this cause, and it is fur
Their adjudged that the said defendant
recover of the said plaintiff, Thomas r.
Purnell, so much of his costs as are in
CURED by him by reason of the action OF
the said Thomas E. Purnell, to be taxed
by the clerk.
"ALFRED L. CoBLE,
Judge of the 9Th Judicial District.
Now holding the courts of the 4th
Judicial district"
The following endorsement appears at
the end Of the paper
From so much of the judgment
herein as decides he is not entitled to the
writ of mandamus Thomas r. Purneli
appeals. "
Thus the case will be at once taken to
the Supreme Court on appeal. 1t will
probably be argued at this term.
Some surprise is expressed in that the
decision gives no reason is ass gned for
awarding the bank its claim, and re
fusing to allow Purnell the amount he
claims.
The case will all be gone over again
before the Supreme Court.