Legal Opinion

Lee v. CLARK

Supreme Court of South Carolina

Decided September 10, 1953No. 16779PublishedCited by 12 opinions

1Opinion of the Court

Oxner, Justice.

This action was brought for the purpose of obtaining an adjudication as to the constitutionality of Act No. 856 of the 1952 Acts of the General Assembly, 47 St. at L. 2111. It is here on appeal from an order overruling a demurrer to the complaint and holding that the challenged legislation is unconstitutional.

The Act, omitting portions not pertinent to this controversy, is as follows:

“Whenever two or more school districts of Chesterfield County are consolidated into a single district by resolution of the county board of education, the county board shall appoint a board of…

2Cases cited5 opinions

  1. Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
  2. Gaud v. WalkerSupreme Court of South Carolina · 1949
  3. State Ex Rel. Buttz v. Marion Circuit CourtIndiana Supreme Court · 1947
  4. Townsend v. Richland CountySupreme Court of South Carolina · 1939
  5. McLure v. McElroySupreme Court of South Carolina · 1947

3Cited by12 opinions

  1. Wheeler v. BullingtonSupreme Court of Alabama · 1956
  2. Williams v. KaylorSupreme Court of Georgia · 1963
  3. Redfearn v. Board of State CanvassersSupreme Court of South Carolina · 1959
  4. South Carolina Tax Commission v. United Oil Marketers, Inc.Supreme Court of South Carolina · 1991
  5. Brown v. WingardSupreme Court of South Carolina · 1985

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