McDowell v. Burnett
Supreme Court of South Carolina
Petition in the original jurisdiction of this Court by B. L. McDowell for writ of mandamus against T. C. Burnett, county supervisor, and P. Graham Payne, county treasurer. W. H. Kerr was made a party by order of the Court.
Read the full summary
Petition in the original jurisdiction of this Court by B. L. McDowell for writ of mandamus against T. C. Burnett, county supervisor, and P. Graham Payne, county treasurer. W. H. Kerr was made a party by order of the Court. The case was sent to the Court en banc by order Supreme Court June 7, 1912. cite: Term of office of magistrate: Con., art. V, sec. 20; Code 1902, 982, 983. ' Is it a legislative or a constitutional office? Art. V, sec. 20, 21, 23 of Con.; 44 S. C. 493. Was removal of Kerr effectual? 44 S. C. 493; 4 S. C. 178; 9 S. C. 5; 14 S. C. 367, 191; 1 McC. 152; 14 S. C. 371; 49 Col.…
1Opinion of the Court
The opinion of the- Court was delivered -by
Mr. Justice Woods.
The important question presented in this case is whether the Governor of the State has the power, at his discretion, to remove from office a magistrate whose appointment has been confirmed by the Senate. .The duty of the Court to pass on the limitations of the power of the General Assembly or the chief executive of the State is one of great delicacy, to be entered upon with the greatest deliberation and with care to find in the law support for the legislative action or the action of the chief executive if it be possible. While…
2Cases cited16 opinions
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Maben v. RosserSupreme Court of Oklahoma · 1909
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892
- State ex rel. McReavy v. BurkeWashington Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Evans v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1926
- People v. ShawyerWyoming Supreme Court · 1924
- In the Matter of FergusonSupreme Court of South Carolina · 1991
- State Ex Rel. Huckabee v. HoughSupreme Court of South Carolina · 1915
19 more not listed; retrieve them via the Exa API.