Legal Opinion

Rawl v. McCown

Supreme Court of South Carolina

Decided April 27, 1914No. 8771PublishedCited by 6 opinions

• Proceeding on petition for writ of certiorari by D. B. Rawl and others, citizen taxpayers in the original jurisdiction of the Supreme Court to review the acts of the State Board of Canvassers on hearing and deciding an appeal from the county board of canvassers for Lexington county. Right to maintain action regardless of consent of Attorney General: Const. V. 4; Code of'Civ. Proc., sec. 11; 117 N. W. 257;-19 L. R. A. (N. S.) 613, 614; 32 Am.

Read the full summary

• Proceeding on petition for writ of certiorari by D. B. Rawl and others, citizen taxpayers in the original jurisdiction of the Supreme Court to review the acts of the State Board of Canvassers on hearing and deciding an appeal from the county board of canvassers for Lexington county. Right to maintain action regardless of consent of Attorney General: Const. V. 4; Code of'Civ. Proc., sec. 11; 117 N. W. 257;-19 L. R. A. (N. S.) 613, 614; 32 Am. Rep. 219; 30 S. C. 581, 582; 39 S. C. 311; 48 S. C. 10, 13; 75 S. C. 423. Illegality of election at various precincts: 86 S. C. 456. Authority for…

1Opinion of the Court

The opinion was filed

The facts are stated in the opinion of the Court, which was delivered by

Mr. Justice Hydrick.

Under a writ of certiorari, directed to the State Board of Canvassers, we are called upon to review the action of that board in affirming the decision of the county board of canvassers for Rexington county, which overruled the contest of the petitioners of the election held, in August, 1913, on the liquor question.

Respondents demurred to the petition on the ground that the question is one of a public and political nature, involving no such private right as would entitle petitioners…

2Cases cited14 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Kendall v. StokesSupreme Court of the United States · 1845
  3. State ex rel. C. C. & C. Railroad v. WhitesidesSupreme Court of South Carolina · 1889
  4. State Ex Rel. Birchmore v. State Board of CanvassersSupreme Court of South Carolina · 1907
  5. Mauldin v. Council of GreenvilleSupreme Court of South Carolina · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Shipman v. DupreDistrict Court, E.D. South Carolina · 1950
  2. Smith v. Saye , Com'rsSupreme Court of South Carolina · 1924
  3. Jennings v. McCownSupreme Court of South Carolina · 1914
  4. Hunter v. Town of West GreenvilleSupreme Court of South Carolina · 1928
  5. Oscar Daniels Co. v. CommissionerUnited States Board of Tax Appeals · 1931

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API