State Ex Rel. Huckabee v. Hough
Supreme Court of South Carolina
In trie Original Jurisdiction. Petition on the relation of W. W. Huckabee against Isaac C. Hough, in the nature of quo warranto, to determine title to the office of sheriff of Kershaw county. The facts are stated in the opinion. submits: There is no inherent power of appointment in Governor: 92 S. C. 395; 89 S. C. 113; 111 S. W. 990; Throop. Pub. Off, sec. 362; 8 Cyc. 857. Civil Code, secs. 695 and 1137 limit.it to fill vacancies. Suspension creates no vacancy: Throop. Pub.
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In trie Original Jurisdiction. Petition on the relation of W. W. Huckabee against Isaac C. Hough, in the nature of quo warranto, to determine title to the office of sheriff of Kershaw county. The facts are stated in the opinion. submits: There is no inherent power of appointment in Governor: 92 S. C. 395; 89 S. C. 113; 111 S. W. 990; Throop. Pub. Off, sec. 362; 8 Cyc. 857. Civil Code, secs. 695 and 1137 limit.it to fill vacancies. Suspension creates no vacancy: Throop. Pub. Off, p. 395, sec. 404; Mechem. Pub. Off, p. 286, par. 453; 29 Cyc. 1405 (3); 113 N. Y. 416; 92 S. C. 486; Const, art.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The petitioner, W. W. Huckabee, was elected sheriff of Kershaw county at the general election, on November 5, 1912, and was commissioned on January 1, 1913, for a term of four years. On April 20, 1915, after notice and a hearing, his Excellency, the Governor, found, from the evidence adduced at the hearing, that said sheriff had neglected and refused to enforce the law regulating the sale of intoxicating liquors in his county, and suspended him from office, until the end of his present term.
On June 25, 1915, the Governor appointed…
2Cases cited6 opinions
- Lillard v. MeltonSupreme Court of South Carolina · 1915
- State Ex Rel. Lyon v. BowdenSupreme Court of South Carolina · 1912
- McDowell v. BurnettSupreme Court of South Carolina · 1912
- State Ex Rel. Lyon v. RhameSupreme Court of South Carolina · 1912
- McMillan v. BullockSupreme Court of South Carolina · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State Ex Rel. Coleman v. LewisSupreme Court of South Carolina · 1936
- Heyward v. LongSupreme Court of South Carolina · 1935
- State Ex Rel. Wolfe v. SandersSupreme Court of South Carolina · 1920
- In the Matter of FergusonSupreme Court of South Carolina · 1991
- Rose v. BeasleySupreme Court of South Carolina · 1997
12 more not listed; retrieve them via the Exa API.