Darling v. Brunson
Supreme Court of South Carolina
Before Shipp, J., Florence, September, 1912. Summary proceeding by O. O. Darling against J. C. Brunson and same against A. J. Hoole. Defendant, in each case, appeals.
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Before Shipp, J., Florence, September, 1912. Summary proceeding by O. O. Darling against J. C. Brunson and same against A. J. Hoole. Defendant, in each case, appeals. Title to office should be tried by regular action: 66 S. C. 7; 32 S. C. 5. General denial is a perfect defense: 44 S.*C. 242; 2S S. C. 388; 37 S. C. 520; 38 S. C. 488; 31 Cyc. 302; 44 S. C. 144; 64 S. C. 395; 40 S. C. 538; 45 S. C. 390. There is no repeal of charter of Florence by a general act: 2 S. C. 55?; 72 S. C.'532; 55 S. C. 295; 70 S. C. 63. City council cannot delegate its authority: 73 S. C. 81; 75 S. C. 232; 90 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Woods.
In 1912 the respondent, J. C. Brunson, was secretary of the board of health of the city of Florence, and the respondent, A. J. Hoole, was health officer of the chy. The petitioner, O. O. Darling, in his separate proceedings against the respondents, alleges that he was elected, by the board of health, health officer, on 16th July, 1913. and secretary of -the board of health on 13th August, 1913, and that the respondents refuse to surrender to him the books, papers and other equipments of the office of secretary and health officer.…
2Cases cited3 opinions
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- Bishop v. State ex rel. GrinerIndiana Supreme Court · 1898
- State Ex Rel. Bruce v. RiceSupreme Court of South Carolina · 1903
3Cited by6 opinions
- Ashmore v. Greater Greenville Sewer Dist.Supreme Court of South Carolina · 1947
- Power v. McNairSupreme Court of South Carolina · 1970
- Kirby v. NolteSupreme Court of Missouri · 1942
- State Ex Rel. Butera v. LombardiSupreme Court of Connecticut · 1959
- Langford v. State Board of FisheriesSupreme Court of South Carolina · 1950
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