The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-01
NOT YET SETTLED.
The Whitmire Contest For Intendant
Goes to The Supreme Court.

J is still unsettled and in the courts.
1t was stated in The Herald and
News some days ago that Judge Pur-
} dy had decided in favor of Mr.. A. j.
Holt, but Mr.. John p. FAINT, through
his attorneys, has given notice of ap-
peal to the supreme court and in the
meantime matters will stand as they
have been, with Mr.. Fant holding ov-
er and acting intendant Of the town.
1t is not possible for the case to be
heard in the supreme court before the
April term.
The following are the exceptions
and grounds Of appeal as submitted
| by the attorneys of Mr.. Fant:
STATE OF SOUTH CAROLINA,
County of Newberry.
In Court of Common Pleas.
The State, Ex Relationc, A. j. Holt,
John p. FAINT, Respondent.
TO Messrs. Blcasc & Dominicl, Re-
lator's attorneys: You will please
! take notice that the respondent in
tends TO appeal to the supreme court
from the several orders of Judge
Purdy in the above entitled matter on
the following grounds, to wit:
l. Because His Honor Judge Pur-
dy erred in hold that he had jurisdic-
tion of this case.
>. Because his honor erred in ov-
erruling respondent 5 demurrer to the
/ jurisdiction of the court.
3. Because his honor erred in hold
ing that this was not an action to try
| title to the Office on the lntcndant of
Whitmirc, but was an action to get
possession of the books and papers
Of the said town.
+. Because his honor erred in ov-
rrrulin" respondents : demurrer to
the .iuriSdictfsn Of the court in that
the said action as shown by rclator's
petition was for the purpose of get
ting possession of the Office Of inten-
daut Of the town of Whitmire and
the proceedings brought were not the
proper proceedings for such purpose
and the court had no jurisdiction.
). Brcau>c his honor erred in pass
luE the order of reference referring
the said case to the master for New
berry county in that he had no juris-
diction to pass said order as it was
specifically shown by the return Of
the respondent in connection with the
petition that the action was for the
purpose Of obtaining possession of
the Office of intendant for the town of
Whitmire and was not simply an ac-
.tion to have the books and property
turned over.
6. Because his honor erred in hold
ing that the town council of the town
of Whilmire attempted TO create an
office and give to the so called officer
the books and property of said town
when the testimony specifically show
of said town, but that the books and
books was regularly selected by the
town council as the clerk and treas
urer of said town which Office the
statute authorizes town council to fill
by electing some one thereto.
I. Because his honor erred in or
dcring the respondent to deliver the
books and property in his possession
or in any other way pertaining to the
office of intcndant of the town Of
! Whitmirc to the rclator, A. j. Holt,
when the testimony conclusively
shows that the respondent was not
! the custodian Of any books or papers
! in said town, b"t that the books and
! papers were in hands of the prop
er custodian tho >.n, the clerk and
! treasurer of said town.
s. Because his honor erred in
! holding Il at the respondent after
| January 3th. 1907, could do no act by
which the rights Of the relator could
j be defeated; that he had no right to
turn the books and papers over to
any one save his successor when the
, testimony conclusively y shows that the
respondent was still acting as
! intcndaAt of said town and
that before this action was
commenced, he in accordance
with his duties and under the instruc-
tions Of said town council, delivered
said books and papers to the clerk
and treasurer of said town. ~-
9. Because his honor erred in pass
ing the order dated February 21st,
1907, requiring the respondent to
turn the books and papers Of the
town of Whitmirc over to the relator