Legal Opinion

Jellico v. Commissioners of State Elections

Supreme Court of South Carolina

Decided October 5, 1909No. 7301PublishedCited by 2 opinions

Petition in the original jurisdiction of this Court by Thos. M. Jellico for writ of injunction against Henry W. Connor, John H. Conlon and Wm. D. Clarke, as commissioners of State elections in and for the County of Charleston. No argument furnished Reporter.

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Petition in the original jurisdiction of this Court by Thos. M. Jellico for writ of injunction against Henry W. Connor, John H. Conlon and Wm. D. Clarke, as commissioners of State elections in and for the County of Charleston. No argument furnished Reporter. Mr. Smith cites: Court has no power to enjoin an election: 10- Ency., 817; 82 111., 119; 61 111., 201; 62 111., 306; Hughes, 76.; 44 S. C., 256; 67 Fed., 818; 4 Wall, 475; 6 Wall, 50; 154 U. S., 554; 124 U. S., 210; 37 N. E., 683; 76 Ga., 265, 270; 78 & C., 574; Paine on Elections, sec. 940; 54 S. C., 1. Local option election is not an…

1Opinion of the Court

October 5, 1909. The opinion of the Court was delivered by This is an application to the Court, in the exercise of its original jurisdiction, for an order enjoining the respondents from holding an election for the purpose of determining whether the dispensaries located in Charleston county should be reopened under and by virtue of the Act of 1909, the title and sections 1, 14, 15 and 16 of which are as follows:

"An act to prohibit the manufacture, sale, barter, exchange, giving away to induce trade, the furnishing at public places or otherwise disposing of alcohol spirituous, vinous or malt…

2Cases cited12 opinions

  1. San Antonio v. MehaffySupreme Court of the United States · 1878
  2. Riley v. Charleston Union Station Co.Supreme Court of South Carolina · 1905
  3. Floyd v. PerrinSupreme Court of South Carolina · 1888
  4. State v. O'DaySupreme Court of South Carolina · 1906
  5. Park v. Laurens Cotton MillsSupreme Court of South Carolina · 1907

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3Cited by2 opinions

  1. Dove v. KirklandSupreme Court of South Carolina · 1912
  2. Chesterfield County v. State Highway DepartmentSupreme Court of South Carolina · 1939

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