State Ex Rel. Lyon v. Bowden
Supreme Court of South Carolina
Four actions in this Court by the Attorney General, J. Fraser Eyon, against: (1) J. M. Bowden and A. H. Kirby; (2) S. S. Tiner and D. T. Gossett; (3) W. R. Tanner and E. Potter; (4) T. O. Fowler and W, C. Harrison. These cases were referred to the Court en banc by order of this Court on June 7, 1912'. Mr. DeBruhl cites-: 89 S. C. 113; 90 S. C. 355; 50 Miss. 607; 307 Am. 934; 56 N. W. 142; 2 M'd. 354; 9 Pa. Ch. 506.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In these actions instituted by the attorney general under chapter 2, title 13, of the Code of Procedure, is to be determined the tenure by which a magistrate holds office under the Constitution and statutes of the State. The complaints, which are substantially the same in all the cases, allege that under commissions issued by the governor, without authority of law, certain of the defendants have undertaken to exercise the duties of the office of magistrate in Spartanburg county in the place of magistrates whose terms of office have…
2Cases cited11 opinions
- McAllister v. United StatesSupreme Court of the United States · 1891
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- State ex rel. Standish v. BoucherNorth Dakota Supreme Court · 1893
- Brady v. HoweMississippi Supreme Court · 1874
- People v. EdwardsCalifornia Supreme Court · 1892
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3Cited by28 opinions
- Lillard v. MeltonSupreme Court of South Carolina · 1915
- Evans v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1926
- People v. ShawyerWyoming Supreme Court · 1924
- State Ex Rel. Coleman v. LewisSupreme Court of South Carolina · 1936
- State Ex Rel. Roddey v. BYRNES, GOVERNORSupreme Court of South Carolina · 1951
23 more not listed; retrieve them via the Exa API.