Thursday May 17 th 1855

was by consent of parties discharged from further consider=
=ation of the case

Luke Johns       }
       Vs        }	Defendant in
Kirkland R. Duke }	Execution C.L. Wilson garnishee
				
				On motion of J.P. Sanderson atty
For the Defendant that the garnishment be dismissed for irregularity 


James W. Cathy Trustee  }
	vs              }
Matilda Bell            }
			And now on this day came the said parties
by their Attornies respectively and exceptions having been taken
to the executions of all the commissions to take testimony in
said cause and the said exceptions having been argued, and it
appearing to the court that the said exceptions are well taken it
ordered and adjudged, that the said commissions are informally and 
illegally executed, and that the said parties are not entitled
to use the testimony taken and returned thereunder as evidence
in said cause, and its further ordered that the said parties
Respectively have leave to withdraw from the files of this
Court the testimony aforesaid taken by them Respectively
As foresaid and is fur it is further ordered that the said
Defendant have leave to file all amended or additionall
pleas instanter and that this cause be continued next term
of this court,

Elijah Barrow, Leml Wilson, Swepson Whitehead, Samuel
R. Piles, George W. Boston  John C. Pelot Sr.  William
Kennedy, Job T. Richard, Saml W. Burnett,  Jerome
N. Jones, Charles L. Wilson, Archelaus Hague
Stephen Moore were Sworn to give evidence before
The ^Grand Jury at this term of the Court