Legal Opinion

Clarke v. McCown

Supreme Court of South Carolina

Decided May 12, 1917No. 9677PublishedCited by 9 opinions

Before Bowman, J., Monck’s Corner, Election contest between J. P. Clarke and others and R. M. McCown and others. From a judgment of the Circuit •Court affirming a decision of the State board in dismissing the petition, the contestees appeal. cite: As to procedure on contest: 86 S. C. 458; 97 S. C. 19, 20; 101 S. C. 514. Effect of registration: 97 S. C. 10. Error of law in determining residence of voter: 102 S. C. 239; 86 S. C. 455. Residence depended on intention: 73 S. C.…

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Before Bowman, J., Monck’s Corner, Election contest between J. P. Clarke and others and R. M. McCown and others. From a judgment of the Circuit •Court affirming a decision of the State board in dismissing the petition, the contestees appeal. cite: As to procedure on contest: 86 S. C. 458; 97 S. C. 19, 20; 101 S. C. 514. Effect of registration: 97 S. C. 10. Error of law in determining residence of voter: 102 S. C. 239; 86 S. C. 455. Residence depended on intention: 73 S. C. 181; 47 S. C. 98; 38 S. C. 88. Payment of taxes qualification for suffrage: Const., art. II, sec. 4; Civil Code, sec.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

On May 9, 1916, an election was held at Cams Crossroads precinct, in Berkeley county, on the question of annexing a part of that county to Charleston county. On the face of the returns there were 48 votes for and 22 against the proposition, the vote for annexation being just 4 more than the necessary two-thirds. The election was contested. The contestants alleged that the votes of J. M. Heape, C. M. Henderson, W. L. Hyer, J. H. Koester, -Leggett and Gadsden Wiggins were illegal, because they were not residents of the precinct, and…

2Cited by9 opinions

  1. State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
  2. Jaycox v. VarnumIdaho Supreme Court · 1924
  3. Smith v. Saye , Com'rsSupreme Court of South Carolina · 1924
  4. Hamilton v. MarshallWyoming Supreme Court · 1929
  5. Creamer v. City of AndersonSupreme Court of South Carolina · 1962

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