State Ex Rel. Fooshe v. Burley
Supreme Court of South Carolina
Before Wilson, J., Fairfield, October, 1907. Petition for mandamus by J. Frank Fooshe against J. B. Burley as County Supervisor of Fairfield County. From Circuit order commanding tbe -writ to issue, the respondent appeals-. cites: Bven if statute is unconstitutional appellant could not ignore: 47 L. R. A., 524; 48 S'. C., 95; 4 S-. C., 431; High Fx.
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Before Wilson, J., Fairfield, October, 1907. Petition for mandamus by J. Frank Fooshe against J. B. Burley as County Supervisor of Fairfield County. From Circuit order commanding tbe -writ to issue, the respondent appeals-. cites: Bven if statute is unconstitutional appellant could not ignore: 47 L. R. A., 524; 48 S'. C., 95; 4 S-. C., 431; High Fx. Ream., Sec. 140; 16 S. C., 39; 3b S- C., 519. Issuance of writ is discretional with this Court: 64 S'. C., 564; 73 S. C., 398. It must be shown that there are funds to pay for the work: 1 S. C., 24; 8 S. €., 128; 9 S'. C., 44. cites: The statute…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an appeal from an order of his Honor, Judge John Wilson, granting a peremptory writ of mandamus, commanding the respondent, as county supervisor of Fairfield County, to publish -the statement of claims audited by the board of county coanmiissioners of said county, as required by Section 769, Yol. 1, Code of Laws. This section requires the supervisor of Fairfield County, amlong others, to publish in some newspaper published in the county, at least in one issue thereof, and within fifteen days after each' meeting of the county…
2Cases cited11 opinions
- State ex rel. Port Royal Mining Co. v. HagoodSupreme Court of South Carolina · 1889
- Park v. Laurens Cotton MillsSupreme Court of South Carolina · 1907
- Ex parte Florence SchoolSupreme Court of South Carolina · 1895
- State ex rel. Williams v. HiersSupreme Court of South Carolina · 1898
- Moore v. NapierSupreme Court of South Carolina · 1902
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3Cited by15 opinions
- Lockyer v. City and County of San FranciscoCalifornia Supreme Court · 2004
- Maryland Classified Employees Ass'n v. AndersonCourt of Appeals of Maryland · 1977
- Henderson v. City of GreenwoodSupreme Court of South Carolina · 1934
- Parker v. BrownSupreme Court of South Carolina · 1940
- Spartanburg County v. Miller, Treas.Supreme Court of South Carolina · 1924
10 more not listed; retrieve them via the Exa API.