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· 5/28/1879

Trenholm v. Gaillard

Citations

  • 12 S.C. 66
  • 1879 S.C. LEXIS 38

Syllabus

<p>1. A petition.to the Circuit Court to have issues framed under act of June-9th, 1877, entitled “An act to prescribe the mode of proving bills of the bank of the state tendered for taxes, and the rules of evidence applicable-thereto,” dismissed—as the terms of that act, declaring that “in all proceedings by mandamus, or otherwise, to compel the reception of bills -x- -x- * an jsgue s]iau -|je framed under the direction of the judge, and * * * shall be submitted to a jury,” authorized no new and specific-proceeding, but were intended to regulate the framing and trial of the issues under established remedies then in common use.</p> <p>2. The tender of the bills and their deposit with the clerk, was not the commencement of a legal proceeding, within the intent and meaning of this statute.</p>

Judges: Haskell, McIvee, Willard

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