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INTERESTING
AND
OTHERWISE
(CLARENCE GRIFFIN)
n '
Early Courts of Rutherford County
The county's first court, in com
mon with all of the other counties of
the state, was the court of common
pleas and quarter sessions. In the
early days of the state justice was
regarded in a different light than
nowadays. True, justice perhaps did
not move any swifter, but the pro
fession of a lawyer stamped him as
an artist in his line. '
The earliest courts, before i7OO,
had a law clerk and likewise a clerk
when the same members sat in
"equity"—law and equity being diff
erent.
But the 'supreme court', as the su
perior court system was called when
it was established in 1777, had no
clerk or master in equity and had ,
no equity jurisdiction.
Almost from the formation of a j
civil government in the state each j
county, rhad a court of ; pleas and!
quarter sessions, held every three j
months. This system was modeled af- !
ter English courts, and its proceed- j
ings were similar to its English pre
decessors. The clerks of these courts
were appointed by the justices of the
peace in each county. The Superior
court (called the Supreme court) had
districts and a clerk for each dis-;
trict. The name applied to this court j
'The Supreme Court' is traceable to
the fact that it was the only court
held by judges.
In 1782 equity jurisdiction was
given to the judges of the 'superior
court' and they were authorized to
appoint 'Clerks and Masters in
Equity.' Then each county had two
'clerks'; a clerk of the court of com
... mon pleas and quarters sessions,
(better known as the county court)
and a clerk and master in equity for;
the equity court.
In 1806 sweeping changes •• Vf rf
made in the judicial system of "the
state. A number of factors gave rise
to Cases appealed to the,.su
perior court from the county courtsj
grew to such enormous proportions in I
some counties] that some change was !
necessary. In that year a superior j
court was established in each dounty
and a clerk of the 'superior court
of law' appointed in each County. The
state was divided into six districts,
three additi6]fial appoint
ed, one riding a district, and each
judge was given power to appoint
- clerks and masters of equity in each
county. By this establishment of a
' new court each county
three court 'clerks'; that of the coun
• ty court; a clerk and master and a
superior court clerk*. . 11 j
In 1832 the law clerks j
was amended so that the assembly-:
men or representatives, "had power j
to appoint the county court clerks j
and the clerks of the superior court, i
The establishment of a state su- j
preme court in 1818 also assisted
materially in reducing the large num
■f ber of cases that were continually be
• ing appealed from one eoyrt to an
other.
The counties continued to operate
under three sets of courts until the
Constitution of 1868 was put in
force. This constitution abolished the
county court of common pleas and
quarter sessions and the equity
courts. The Constitution also abol
ished all differences between equity
and law.
By way of illustrating the mode of i
procedure in these courts we will as- j
sume that Judge A. S. Merrimon was j
holding a court in the county in!
1850. Mr. A. would have a case j
against Mr. B. After hearing the ev- !
idence, before a jury, Mr. B. would j
be found guilty. Judge Merrimon j
would render judgment "according to j
law." But perhaps that decision were !
to work a hardship against Mr. B.
He would appeal the case to the court
of equity. At the clo9e of the super
ior court term. Judge Merrimon would
hold a court of equity in the same
room, butiwith no jury. The aggriev
ed party would ask Judge Merrimon i
tg enjoin the executional law and
&fve equitable relief, as the decision
of the superior court was against
"f»ood conscience." The case would
be examined by the judge sitting in
equity and if circumstances warrant
ed equitable relief would be given.
Then there were many rights that
could not be enforced by law, so they
were entered at equity.
The county court of pleas and
quarter sessions were held by the
justices of the peace.
However, as stated above, the
constitution changed the court sys
tem in 1868. In New York there had
been adopted a superior court sys
tem, and the law creating the sys-
j The Outgoing Presidents
office to
who it is believed will closely. adhere to the policies formulated by his
nredecessor. Both men are more given to action than to words, and have
marked business and executive ability. Calvin CooHdgehas been nominated
for many offices, never suffering a defeat, bu* Herbert Hoover has not
engaged in politics before. The many important offices he has heretofore
held have been appointive offices.
tern provided that the courts should
j always be open. That; system was
j adopted in Ohio, also, and the makers
l of the new constitution adopted the
Ohio system, with ' a few minor
changes. This change in the judicial
system entirely upset the old system.
The two lower courts were abolished,
and their duties were combined with
that of the superior court. In late
years part of the duties of the old
county courts have reverted to the
recorders court in this, and some oth
er counties.
The new system allowed greater
powers to the superior court clerk.
The clerk of the present superior
court has more power and authority
than did clerks of the previous
courts, and in some matters he even
has more power than the judge under
the old regime. Today a superior
clerk court is a 'court' within him
self—he has not only all the duties
of former clerks, but has other real
judicial functions.
.. Next week a list of the clerks of
the court of pleas and quarter ses
sions of the county, from 1779 until
the abolishment of the office in 1868,;
will be given.
FERRY NEWS NOTES
j Ferry, Nov. 19. —Rev. A. G. Mel
;ton supplied his appointment at
! Floyd's Creek Baptist church Sun-
I day afternoon, while Rev. T. M. Hes
ter of Spindale filled his appointment
at Goode's Creek Saturday and Sun
day.
Mr. and Mrs. C. H. Kennedy, of
Charlotte, spent a short while at the
home of Mr. Gaither Kennedy's last
Thursday. They also visited friends
and relatives at Henrietta and Cliff
returning to Charlotte Thursday
afternoon.
Mr. Grady .Withrow, the popular
merchant of Hollis, and his family
were visitors here last Sunday after
noon.
Mr. and Mrs. Walter Roach and
daughter, of Alexander, and Mr. C.
A. Wall, of Avondale, were visitors
at Mr. L. L. Scruggs Sunday.
A large number of relatives and
friends gathered at the home of Mrs.
J. C. Padgett Sunday and gave a
dinner in honor of her birthday, al
though Mrs. Padgett was sick she
with the others enjoyed the day.
Mr. and Mrs. Vernon Hyder of
Henrietta spent the week end at Mr.
W. T. Dobbins.
Mr. and Mrs. J. S. Sherlin and
children spent Sunday with Mr. and
Mrs. Z. E. Dobbins at their home
near Concord church.
PARENT-TEACHER UNION
FORMED IN RUTHERFORD
Rutherfordton, Nov. 19.—At a
joint meeting of the Parent-Teach
er Associations of Ruth, Rutherford
ton and Spindale elementary schools
held at Central High school, a city
Union was formed with the following
officers: President, Mrs. B. L.
Smith of Spindale; vice president,
Mrs. J. R. Anderson, Rutherfordton;
secretary, Miss Ruth Moore, Spin
dale?'treasurer, Mrs. Elliotte Haney
of Ruth; auditor, Paul H. Huss, prin
pila. ipf Ruth school and historian,
Miss Madge Wilkins of Spindale. The
new Union will meet four times a
year, in May, August, November and
February, alternating among the
schools.
•
This is the time of year when
time and thought can be spared for
making the farm budget. Farmers'
Bulletin 1564-F, recently issued un
der the title of "Farm Budgeting"
by the U. S. Department of Agri-
tells how to make a budget
and how to use it in deciding upon
crops and livestock for the coming
year, and gives sources of informa
tion helpful in working it out. This
bulletin can be secured by writing to
the Department of Agriculture.
THE FOREST CITY COURIER, THURSDAY, NOVEMBER 22, 1928
SOLPfflffi SPRINGS
Forest City, R-l, Nov. 19.—There
will be preaching at Sulphur Springs
Thanksgiving at eleven o'clock. Mr.
W. V. Tarlton will preach. The pub
lic is cordially invited to attend.
Miss Ruby Robbins entertained
her friends with a birthday and pound
party, Saturday night. Those present
were: Misses Ruby and Leuna Rob
bins, Annette and Selma Hopper, Es
telle and Joyce Bland, Pauline Cole,
Katy Mae Green, Annie Henson, Mae
Miller, Messrs. Lloyd and Horace
Owens, Howard and Kenneth Cole,
John and Horace Bland, James
Eaves, Marvin Harris, Marvin Tur
ner, Broughton Strickland, Jack Hop
per, Arthur Henson, William Green,
Dennis Jenkins, and Baxter Butler.
Mr. and Mrs. W. V. Tarlton spent
the week end with relatives at Hol
lis.
Miss Pauline Cole spent Sunday
with Miss Annette Hopper.
We regret to note that Mr. W. M.
Hopper and Mrs. C. M. Hopper are
sick with colds.
Miss Ruby Robbins attended the
birthday dinner at Mr. and Mrs. Reid,
of Spindale, Sunday.
BOILING SPRINGS DEFEATS
BELMONT ABBEY TEAM
Boiling Springs, Nov. 17.—Boiling
Springs Junior College defeated Bel
mont Abbey college here Saturday
afternoon by a score of 12-0.
The game was well played, Boil
ing Springs being superior in team
work. Boiling Springs scored in the
first and third quarters. The first
touchdown came after a march of
sixty yards down the field. "Doc"
Moore, Boiling Springs fullback, car
ried the ball across with a line buck.
The second touchdown came in the
th*rd quarter. Boiling Springs re
covered a Belmont fumble on the
latter's forty yard line and took the
ball across in the play. A pass,
Thompson to Haynes, netted twenty |
yards. Thompson gained fifteen
yards on an off-tackle play. "Doc" i
Moore went around end for the
touchdown.
Canzeria, half-back, and Goodrich,
full-back, starred for Belmont. The
charging of the line and the all-round
work of the backfield featured for j
I
Boiling Springs. 1
Boiling Springs made eleven first;
downs to five for Belmont. By win- j
ning from Belmont, Boiling Springs
kept its record, of not losing a game
on their own field.
The line-up:
Boiling Springs. Pos. Belmont Abbey
Pruett - Dorse j
RE
Epps Kin
L. E. I
Hamrick O'Connel |
R. T.
Coble (c) Campbell
L. T.
E. Moore Fuchl
R. G
Mull - Porter
L. G.
Hemphill O'Bisn
C
Champion Dyman
R. H.
Cline Canzeria
F. B.
"Dock" Moore Goodrich
F. B.
Thompson Duddy
Q. B.
Substitutions: B. S. Ervin for
Cline, Haynes for Pruett, DePriest
for Hamrick. Belmont: Brown for
Duddy, Smith for Dyman.
A home-mixed fertilizer analyzing
9-5-4 has helped to produce 11 bales
of cotton on ten acres, reports J. O.
Campbell of Cleveland County. Mr.
Campbell says that he has six or
seven more bales on the field still to
be picked.
AT AUCTION
One Brick Building
Ten Vacant Lots
Forest City, N. C.
luesday, Nov. 07
1:30 P.M.
Sold By Penny Bros.
World's Original Twin Auctioneers
CONSISTING OF ONE BRICK BUILDING,
THREE STORIES HIGH, TWO LARGE STORE
ROOMS WITH CEMENT FLOORS, 14 FT. STORES.
THE SECOND AND THIRD FLOORS CONTAIN
THIRTEEN ROOMS EACH, BESIDES SIX BATH
ROOMS FULLY EQUIPPED. THE BUILDING HAS
UTICA $5900 HEATING PLANT, WITH BOILER
ROOM ON THE END, WITH 47 FOOT SMOKE
STACKBUILTOFBRICK.IT IS SITUATED 83
FEET FROM THE SQUARE ON DEPOT STREET.
THE BUILDING IS 44 FEET WIDE AND 85 FEET
LONG. THE ENTIRE BUILDING IS EQUIPPED
WITH ELECTRIC LIGHTS. THE LARGE STORE
ROOM HAVING LARGE, BRONZE REFLECTIVE
LIGHTS JUST READY TO HOOK UP.
I t
10 VACANT LOTS. THIS PROPERTY IS IN
HEART OF THE CITY, JUST ACROSS FROM THE
POST OFFICE. WILL BE SOLD ON EASY TERMS.
A Number of Turkeys Will
Be Given Away
Everyone attending will have an equal chance.
SOLD ON EASY TERMS
HEAR OUR PRIVATE LIVE WIRE BAND AND
TENOR SINGER
—SALE CONDUCTED BY—
PENNY BROS., World A s «° r r e l Twin
AMERICAN LAND CO., Promoters
GREENSBORO, N. C.
Geo. W. Jones, Owner