The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-04-23
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t1On, and Cnat at said meeting It was
decided and adjudged by the said
Board that the room or Office then,.
and now, in the possession of and oc-
cupied by the said County Auditor,
in the new Court House, should be
the office for the Probate Judge, and
that the room or Office in the South
eastern corner of said Court House
should be the room or office for the
County Auditor for said County. Of
this action on the part Of the said
County Board Of Commissioners the
said County Auditor, the Plaintiff
herein, was duly notified, and a day
was appointed with him by this De-
>fendant for the removal of the books,
records, furniture and other things
pertaining and belonging to the Office
occupied by him to the Office in the
rear end Of the building, as afore-
said; that at the time appointed, and
agreed upon by the Plaintiff and this
Defendant, for said removal, this De-
fendant, as County Supervisor, as
aforesaid, was present and ready to
carry, and demanded Of the Plaintiff
to be allowed to carry, into execution
said decision and judgment Of the
County Board of Commissioners, but
he was prevented from so doing by
the said County Auditor, the Plain
tiff herein, obstrueting said execution
by locking the doors of the Office oc-
cupied by him and by refusing to al
low this Defendant to remove the
books, records, furniture and other
things pertaining and belonging to
said Office therefrom, and by the
further obstruction on the part of the
Plaintiff by carrying the matter into
Court and obtaining a temporary Or
der Of injunction.
For a further and more specific re-
turn to this rule, the Defendant begs
to submit his answer to the Com
plant herein as part hereof, which !.
is hereto appended, as Exhibit A., as
well as the afidavits hereto attached,
marked Exhibits, and made part Of
this return.
Wherefore, he prays that the rule
be discharged and that the injunction
be dissolved, and for such other, order
in the premises as the Court may
deem just and proper. -,
L. I. Feagle.
Sworn to and subscribed before
me, this 18th day Of April, 1909.
Eugene S. Blease, Il. S. ,
Notary Public Of South Carolina.
Answers to the Petition.
The answers Of Probate Judge
Schumpert and Supervisor Feagle are
the same. It is stated in paragraph
3 that there is ''Not sufficient knowl-
edge or information to form a belief
as to the authority by which said au-
dltor was permitted to occupy said
office, and denies, upon information
and belief, that the predecessor in
office Of the plaintiff used and occu-
pied the said Office or room by and
with the consent, approval and au-
thorlty OF the county board of COM
mlssioners, either as said board is now
constituted, or as formerly constituted
or by or with the consent of any le-
gally constituted authority"
Section 4 admits "The use, oceu-
pancy and possession of said ofice'7
and alleges that there is not "suff-
eient knowledge or information to
form belief as to the manner in
which or by whose authority he came
into possession thereof, and denies
upon information that he went into
or holds possession thereof by any
legally constituted authority.''
In Section 5 the supervisor admits
that he made an effort to have the
AUDITOR removed from the office which
he now occupies to the one in the rear
and denies that the probate judge
was concerned in or had anything to
do in his action and alleges that he
was acting in his official capacity as
county supervisor in making an ef-
fort to carry out the decision and
judgment of the county board Of
commissioners.
In Section 5 Of Probate Judge
Schumpert answer he denies that he
as probate judge or individually had
anything to do with or was in any
way concerned in the effort to remove
the county auditor.
Section 6 Of the answer states the
H.