Foster v. Taylor

Stukes, AJ.:

Respondent is a former Probate Judge of Spartanburg County whose compensation the legislature undertook to change from fees to salary. He sued the county upon the ground of the unconstitutionality of the legislative act thereabout and recovered judgment on May 24, 1945, in the sum of $4,707.16 with interest from May 1 preceding, and costs. See Foster v. Mallory et al., 199 S. C. 144, 18 S. E. (2d) 740.

Upon the failure and refusal of the county governing Board to pay the judgment respondent filed his petition for mandamus. It was resisted principally upon the grounds which will be…