Legal Opinion

State Ex Rel. Culp v. City Council of Union

Supreme Court of South Carolina

Decided June 28, 1913No. 8591PublishedCited by 2 opinions

Before Sease, J., Union, December, 1912. Petition of P. B. Culp1 et al. for writ of mandamus against the city council of the city of Union.

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Before Sease, J., Union, December, 1912. Petition of P. B. Culp1 et al. for writ of mandamus against the city council of the city of Union. Defendants appeal. cites: Municipal registration is not necessary to hold the office of alderman: 55 S. C. 90; 28 Cyc. 412; 23 Ency. 330; 61 S. C. 67; 62 S. C. 67. Kirby, holding the office before the election, is still the alderman from that zuard, if there is a vacancy, by virtue of holding till his successor qualifies: 29 C3rc. 1399, 1400, 1402; 23 Ency. 412, 415; 14 E. R. A. 858. Court cannot require city council to hold election after election…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is a petition filed by the reía- ' tors, praying for a writ of mandamus, requiring the respondents (appellants here) to order and hold an election in ward one, of the city of Union, for the election of an alderman from said ward. The petition exhibited verified and accompanied by affidavits sets forth: That at an election on June 4th, 1912, in the city of Union, J. E. Kirby received a majority of votes cast for alderman for ward one, and was declared elected tó that office; that the said Kirby ivas not, at the time of said…

2Cited by2 opinions

  1. Rawl v. McCownSupreme Court of South Carolina · 1914
  2. State Ex Rel. Harrelson v. WilliamsSupreme Court of South Carolina · 1930

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