Public-domain · open source
OpenJurist

35 S.C.L. 286

State v. Thayer

Court of Appeals of South Carolina

Decided January 15, 1850

Court of Appeals of South Carolina · decided 1850-01-15

<p>The writs of venire facias had, over the Clerk’s name, a small slip of paper attached by a wafer. The Court held this to be a sufficient sealing.</p> <p>The grand and petit jurors were summoned to attend, and the indictment alleged that the bill was found at “Harry Court House,” instead of “ Comuay-barough,” (the place appointed by law for holding the Courts of Horry District ;) the Court held, that '■ Horry Court House” was the more precise term ; but that in one sense both meant the same, and might be regarded as equivalent convertible terms.</p>

Decided 1850-01-15

Curia, per O’Neall, J.

¶1In this case the first two grounds make the objection, which was successfully taken in the State v. Dozier, and the State v. Williams, that the writs of ve-*287nire were unsealed. Here, however, the writs are sealed.— It is contended, that such a seal as appears, is not the seal of the Court. Ii is, however, verified as such by the Clerk’s' signature, and we are under no necessity to hold that it was not the proper seal when the writs issued, by finding a different seal to the exemplification sent up.

¶2The case of the State v. McElmurray presented the same question under the same facts now before us; and the Court, at page 40, held the seal to be sufficient. That concludes the question here.

¶3The other four grounds relate to the place where the grand and petit jurors were summoned to attend — where the grand jury found the bill, and where the venue is laid, to wit: at Horry Court House, instead of Conwayborough ; where the Acts of 1842 and 1845 direct the Court to be held for I-Iorry District. I am not sure that legal process is not better made returnable to Horry Court House,- for Horry District, than to Conwayborough, for the former indicates the precise spot, in the ville of Conwayborough, where the Court is to sit. It is true that Conwayborough includes it, and as the Legislature have adopted the general name to designate the place where •the Court is to sit, it is sufficient. But Horry Court House is just as well known to all concerned, as Conwayborough, and is more precise. In one sense, both mean the same, and may be regarded as equivalent, convertible terms.

¶4The motion is dismissed.

Richardson, Evans, Wardlaw and Frost, JJ. concurred.

¶5 Motion refused.

/35/scl/286 · .json · Public domain