Legal Opinion

Whipper v. Talbird

Supreme Court of South Carolina

Decided January 7, 1890PublishedCited by 4 opinions

Before Witherspoon, J., Beaufort, May, 1889. In connection with this case, read the next succeeding ease of Ex parteWhipper, post. p. 5. W. J. Whipper and Thomas Talbird were candidates for the office of probate judge at the general election held in Beaufort County on November 6, 1888. After the election and a canvass of the votes and returns, the county board of canvassers reported that Talbird was elected.

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Before Witherspoon, J., Beaufort, May, 1889. In connection with this case, read the next succeeding ease of Ex parteWhipper, post. p. 5. W. J. Whipper and Thomas Talbird were candidates for the office of probate judge at the general election held in Beaufort County on November 6, 1888. After the election and a canvass of the votes and returns, the county board of canvassers reported that Talbird was elected. Whipper contested this report before the State board of canvassers, who, after a hearing, declared Talbird to be elected. From this determination Whipper appealed to the Circuit Court of…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

But two questions are raised by this appeal: 1st. Whether there is any appeal allowed by law from the action of the board of State canvassers in determining and *3declaring what persons have been duly elected to the various county offices. 2nd. If so, whether the appeal in this case to the Circuit Court for Beaufort County was proper, or whether it should not have been to the Circuit Court for the County of Richland, that being the county wherein the judgment sought to be appealed from was rendered.

The right of appeal does not exist in…

2Cited by4 opinions

  1. Ex Parte EvansSupreme Court of South Carolina · 1905
  2. Sasser v. South Carolina Democratic PartySupreme Court of South Carolina · 1981
  3. Turner v. Joseph Walker School Dist. No. 9Supreme Court of South Carolina · 1949
  4. Toomer v. ToomerSupreme Court of South Carolina · 1964

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