The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-08-19
THE PROSPERITY CASE
BEFORE CHIEF JUSTIC
REFEREE APPOINTED TO
TAKE TESTIMONY.
Strong Answers Submitted By Town
Council and The Bank of Pros
ity.

III Ihe case OF X. l.. Luther and 9TH
ers against the town OF Prosperity
and the Bank Of Prosperity. to en-
Join the town council from paying a
note Of one thousand dollars held by
the Bank OF Prosperity, and which is
a debt incurred by the town council
in the erection OF the town hall now
being used by the town Of Prosperity
was held before Chief Justice Y. ].
Pope in the court house here yesterday
The plaintiffs, Messrs. R. L. Luther,
]. 8. Simpson. w. 4. Moseley, J. P.
Bowers. T. A. Don1inick. and J. D.
Quattlebaum were represented by
Messrs Beilinger, Townsend and
Haskell. OF Columbia, and the defen-
.dants by Messrs. Hunt, Hunt and
Hunter. OF Newberry.
Alter hearing the complaint of the
plaintiffs asking for an injunction to
restrain the town council from paying
the note in question and the answers
OF the defendants, an order was pass
ed by Chief Justice Pope appointing
H. c. Holloway. Esq, to take testi-
mony and report the same, together
with his conclusions thereon, to the
November term of the supreme court.
The order is as follows:
The defendants, by way OF return
to the order to show cause herein,
have submitted as their return their
sworn answers in this case. and as
said answers raise issues of fact,
1T IS ORDERED, That all issues
OF TACT be referred to H. G. Hollo-
way, Esq. to take the testimony and
report the same. together with his
conclusions thereon, to the supreme
court at its regular November term
1904.
1t is also ordered. that until the
further order of the court the status
OF the matters and things in this case
remain as they now are.
Ii IS further ordered that the ref
cree be. and he is hereby. authorized
to call to his assistance the services
III stenographer in the taking OF
said testimony.
W. Pope,
At Chambers, Chief Justice.
August 18, 1904.
The chief justice listened with a
great deal OF interest to the proceed
ings. While there was not a large
crowd in the court room, there were
several bankers present who watched
every move On either side.
The case has excited a great deal
OF interest both on account of the
local interests involved and on ac-
count OF the important question i'll
volved Of the right Of a town to re-
fuse payment OF note incurred for
building purposes.
The substance of the complaint has
already been published in these COL
umns. 1t will be recalled that some
time ago the attorneys for the plain
tiffs appeared before Chief Justice
Pope in Columbia and obtained a
temporary order restraining the town
from paying the note until the hear
ing here today. The note does not
mature, however. until the 9TH of
next January.
The answers OF both the town Of
Prosperity and the Bank OF Prosper
ity were very strong, and on account
OF the great interest which has been
manifested in the case and the i'm
portant questions involved, a full re-
port OF both answers is herewith Civ
en-:
Mr. Walter H. Hunt. for the firm
OF Hunt, Hunt & Hunter attorneys for
the defence. read the answers sub
1nitted BY the town council of Pros