Legal Opinion · Dissent

Robinson v. McGown

Supreme Court of South Carolina

Decided April 12, 1916No. 9376Published

In the Originar Jurisdiction. January, 1916. Application for certiorari by T. A. Robinson and others against R. M. McCown and others to determine the validity of election proceedings. cite: As to meaning of “old county:’’ 93 S. C. 217. Legislative construction: Civil Code, secs. 634, 637, 639, 641, 642. Second election within four years: Const., art. VII, sec. 2; 79 S. C. 414; 102'S. C. 255. Order for election: Const., art. VII, sec. 1. reviews 93 S. C. 217, and submits:…

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In the Originar Jurisdiction. January, 1916. Application for certiorari by T. A. Robinson and others against R. M. McCown and others to determine the validity of election proceedings. cite: As to meaning of “old county:’’ 93 S. C. 217. Legislative construction: Civil Code, secs. 634, 637, 639, 641, 642. Second election within four years: Const., art. VII, sec. 2; 79 S. C. 414; 102'S. C. 255. Order for election: Const., art. VII, sec. 1. reviews 93 S. C. 217, and submits: That where the provisions' of the Constitution are doubtful, or its meaning not clear, the proceedings and debates of the…

1Dissent

Mr. Justice Watts,

also dissenting. I concur in the opinion of the Chiee Justice, except I do not agree with ■ the construction of the Chiee Justice and Justice Hydrick in Rhame v. DuRant, 93 S. C. 217, 76 S. E. 611. That case was heard by four members of the Supreme Court. Justice Eraser, being disqualified, did not participate. I concurred in the opinion of Justice Woods, which held that as soon as Lee county was created it became an “old county” within the meaning of the first six sections of the article providing for the formation of the new counties, and that, inasmuch as Lee county…

2Cases cited1 opinion

  1. Rhame v. DurantSupreme Court of South Carolina · 1912

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