McMillan v. Bullock
Supreme Court of South Carolina
Before Klugh, J., Abbeville, March, 1898. Summary proceeding by James L. McMillan to obtain books, &c., of office of clerk of Court of Abbeville County, from W. R. Bullock, clerk elected. From order refusing the application, the plaintiff appeals. cite: Judicial determination of right to office not a condition precedent to such proceeding: Code, 434,- sub. 2, sec. 22; art. IV., Con. 1895; 32 S. C., 5; 11 How.
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Before Klugh, J., Abbeville, March, 1898. Summary proceeding by James L. McMillan to obtain books, &c., of office of clerk of Court of Abbeville County, from W. R. Bullock, clerk elected. From order refusing the application, the plaintiff appeals. cite: Judicial determination of right to office not a condition precedent to such proceeding: Code, 434,- sub. 2, sec. 22; art. IV., Con. 1895; 32 S. C., 5; 11 How. Pr., 418. All requirements of Constitution as to suspension of officer are present here: Con. 1895, art. IV., sec. 22; art. III., sec. 27; art. X., sec. 12. The former cites: Governor…
1Opinion of the Court
The opinion o'f the Court was delivered by
Mr. Justice Pope.
The appeal will be better understood by a reproduction of the pleadings, with a statement of the case. This was a summaiy proceeding instituted by James R. McMillan against W. R. Bullock, to recover from his possession the books, records, seal, etc., belonging to the office of the clerk of the Court of Common Pleas and General Sessions for Abbeville County. The proceeding was commenced before his Honor, Judge J. C. Klugh, Judge of the Eighth Judicial Circuit, under the provisions of section 484 of the Code of Procedure.
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2Cited by6 opinions
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- State Ex Rel. Thompson v. SeiglerSupreme Court of South Carolina · 1956
- Dacus v. Johnston, GovernorSupreme Court of South Carolina · 1936
- State Ex Rel. Murray v. BozarthSupreme Court of Oklahoma · 1934
- Spivey, Sheriff v. Fidelity Deposit Co.Supreme Court of South Carolina · 1931
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