Legal Opinion

State ex rel. Attorney-General v. Hagood

Supreme Court of South Carolina

Decided January 26, 1879No. CASE No. 809PublishedCited by 4 opinions

This was an original application, on January 15th,_ 1880, by the Hon. Le Hoy F. Youmans, attorney-general, for a writ of mandamus to compel the Hon. Johnson Hagood, comptroller-general, to proceed with the levy of taxes under the act of December 24th, 1879. 17 Stat. 115. The petition set forth the following matters: 1. That on December 24th, 1879, William D. Simpson, gov■ernor of the State of South Carolina, approved and signed an act of the general assembly of this state,…

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This was an original application, on January 15th,_ 1880, by the Hon. Le Hoy F. Youmans, attorney-general, for a writ of mandamus to compel the Hon. Johnson Hagood, comptroller-general, to proceed with the levy of taxes under the act of December 24th, 1879. 17 Stat. 115. The petition set forth the following matters: 1. That on December 24th, 1879, William D. Simpson, gov■ernor of the State of South Carolina, approved and signed an act of the general assembly of this state, entitled “An act to raise supplies and make appropriations for the fiscal year commencing 1st November, 1879,” which act…

1Opinion of the Court

The judgment of the court was delivered by

Willard, C. J.

This was an application for a mandamus to compel the comptroller-general to notify each county auditor in the state of the rate per centum of the tax authorized by law to be levied for various state purposes, and to prepare and transmit to each county auditor the necessary forms and instructions to carry into effect the provisions of the act to raise supplies, &c., approved December 24th, 1879. The return of the comptroller-general, which is not traversed, and which must, therefore, be taken to be true, raises two legal questions. First,…

2Cited by4 opinions

  1. State Ex Rel. Frier v. State Board of EducationSupreme Court of South Carolina · 1935
  2. Bray v. City CouncilSupreme Court of South Carolina · 1901
  3. Independence Ins. v. Independent Life & Acc. Ins.Supreme Court of South Carolina · 1950
  4. State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956

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