Gibbes v. Richardson
Supreme Court of South Carolina
Before DeVorE, J., Columbia, Petition by W. H. Gibbes against Alfred A. Richardson. From the decree rendered, both parties appeal. The decree of the trial Court was: The complaint in this cause is brought under and by authority of sections 466 and 470 of the Code of Procedure 1912. To the complaint involved here, the defendant, A. A. Richardson, filed a demurrer. I shall not consider the demurrer, except in so far as the same may be affected by this decision.
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Before DeVorE, J., Columbia, Petition by W. H. Gibbes against Alfred A. Richardson. From the decree rendered, both parties appeal. The decree of the trial Court was: The complaint in this cause is brought under and by authority of sections 466 and 470 of the Code of Procedure 1912. To the complaint involved here, the defendant, A. A. Richardson, filed a demurrer. I shall not consider the demurrer, except in so far as the same may be affected by this decision. The questions involved in the action which I shall pass upon are whether the plaintiff, W. H. Gibbes, is the chief game warden of South…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The issue is the title to the office of chief game warden of the State; the issue is not whether an act of a person exercising that office is lawful.' The distinction betwixt the two cases is well defined and is manifest.
1 We agree with the Circuit Court that when four years elapsed after the appointment and qualification of Mr. Richardson, ■ as they did, then his term was ended. The statute created the office, and the words, of the statute are “his term of office shall be four years.” There is no warrant to add to or to subtract from…
2Cases cited6 opinions
- Robb v. CarterCourt of Appeals of Maryland · 1886
- Stackhouse v. County Board of CommissionersSupreme Court of South Carolina · 1910
- Elledge v. WhartonSupreme Court of South Carolina · 1911
- State Ex Rel. Walker v. SawyerSupreme Court of South Carolina · 1916
- Cromer v. BoinestSupreme Court of South Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ashmore v. Greater Greenville Sewer Dist.Supreme Court of South Carolina · 1947
- Gaskin v. JonesSupreme Court of South Carolina · 1942
- Hartzell v. State Board of Examiners in PsychologySupreme Court of South Carolina · 1980
- Becknell v. WatersSupreme Court of South Carolina · 1930
- Senate of State v. His Excellency Henry D. McmasterSupreme Court of South Carolina · 2018