Legal Opinion

Rouse v. Benton

Supreme Court of South Carolina

Decided March 3, 1915No. 9020PublishedCited by 1 opinion

Before Memminger, J., Ridgeland, May, 1914. ■ Petition for writ of mandamus by J. W. Rouse, as county superintendent of education for Hampton county and school district No. 21, of Hampton county, the State of South Carolina, petitioners against J. B. Benton, as county superintendent of education for Jasper county, and as a member of the county board of education for Jasper county, and C. M. Jaudon and T. W. Malphrus, as members of the county board of education for Jasper…

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Before Memminger, J., Ridgeland, May, 1914. ■ Petition for writ of mandamus by J. W. Rouse, as county superintendent of education for Hampton county and school district No. 21, of Hampton county, the State of South Carolina, petitioners against J. B. Benton, as county superintendent of education for Jasper county, and as a member of the county board of education for Jasper county, and C. M. Jaudon and T. W. Malphrus, as members of the county board of education for Jasper county, respondents. The order, granting writ, was as follows: On the 21st of April, 1914, his Honor, Judge H. F. Rice,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of his Honor, Judge Memminger, granting a writ of mandamus as prayed for by the petitioners, and his order sets forth the facts of the case practically and will be reported. Upon call of the case in this Court a motion to dismiss the appeal was duly made and argued, this motion is overruled and refused. Exceptions one and two impute error on the part of his Honor in not sustaining the demurrer to the petition on the ground that the petitioners had a plain and adequate remedy by appeal to the State board…

2Cases cited2 opinions

  1. Sligh v. BowersSupreme Court of South Carolina · 1901
  2. Greenville College for Women v. County Board of EducationSupreme Court of South Carolina · 1906

3Cited by1 opinion

  1. Gardner v. Blackwell, SEC. of StateSupreme Court of South Carolina · 1932

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