Reister v. Hemphill
Supreme Court of South Carolina
Case agreed upon in a controversy submitted to the Supreme Court without action. The case agreed upon is as follows: “ John C. Reister claims to have been duly elected, according to law, to the office of Clerk of the Court of Common Pleas, for the County of Chester, in the said State, and to be entitled to enter forthwith upon the possession and exercise of said office. “ David Hemphill resists said claim.
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Case agreed upon in a controversy submitted to the Supreme Court without action. The case agreed upon is as follows: “ John C. Reister claims to have been duly elected, according to law, to the office of Clerk of the Court of Common Pleas, for the County of Chester, in the said State, and to be entitled to enter forthwith upon the possession and exercise of said office. “ David Hemphill resists said claim. “ The following are the facts upon which the said controversy depends : “ W. M. Chambers was elected to the office of the Clerk of the Court for said County, at the election held on the…
1Opinion of the Court
The opinion of the Court was delivered by
Wright, A. J.
In case there is a vacancy in the office of Clerk of the Court of General Sessions and Common Pleas, and the Judge of such Courts shall appoint a person to perform the duties of Clerk, is it conpetent for the General Assembly to terminate such appointment by providing by law for an election of a Clerk to fill such vacancy ? '•
Section 27 of Article IV of the Constitution of 1868 is as follows : “ There shall be elected in each County, by the electors thereof, one Clerk for the Court of Common Pleas, who shall hold his office for the term of…
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