Brown v. Moseley

Stukes, Justice.

This action is in the original jurisdiction by permission of the court because of the public nature of it and the desirability of early decision. Plaintiff is an elector and taxpayer of Kershaw County. No question has been made of his capacity to prosecute the action, or that a justiciable controversy exists between the parties. He challenges the defendant’s right to hold office as sheriff of the county beyond the year 1952 and asserts that an election for the office should be held in this election year.

G. B. DeBruhl was elected as sheriff in 1946 and re-elected for a second…