State v. Coleman
Supreme Court of South Carolina
Before Gary, J., Saluda, May, 1898. Indictment against Abe Coleman. From verdict and sentence, defendant appeals. Mayor and aldermen are public officers: 2 S. C., 80. Accepting another office amounts to surrendering the one held: Bail.
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Before Gary, J., Saluda, May, 1898. Indictment against Abe Coleman. From verdict and sentence, defendant appeals. Mayor and aldermen are public officers: 2 S. C., 80. Accepting another office amounts to surrendering the one held: Bail. Eq., 51.1; 8 S. C., 45; 9 S. C., 156, 259; 29 La , 824; 35 Ind., 111; 44 Ind., 401; art. II., sec. 2, Con. 1893. Disqualifying act vacates office of clerk: 53 S. C., 173. And judge of probate to take office: Rev. Stat., 775- Title to de facto office may be attacked collaterally: 27 S. C., 440; 6 East., 366; 122 Mass., 443. (oral argument).
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The defendant was convicted of the
misdemeanor of selling liquor contrary to the statute law of this State. After the sentence, he appealed therefrom, and for error alleged: First. That the Court of General Sessions for Saluda County was without jurisdiction to try him, because the person who acted as clerk was not such officer, having accepted the office of intendant of the town of Saluda, after he had been elected, qualified and commissioned as clerk of the Court of Common Pleas and General Sessions for said county of Saluda. Second.…
2Cited by7 opinions
- Green v. City of Rock HillSupreme Court of South Carolina · 1929
- State v. BiltonSupreme Court of South Carolina · 1930
- State v. MillerSupreme Court of South Carolina · 1923
- State v. McKinneySupreme Court of Kansas · 1907
- Sharfsin v. United StatesCourt of Appeals for the Fourth Circuit · 1920
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