Hays v. Harley
Supreme Court of South Carolina
Quo warranto. This was a rule, obtained be- - * y _ __ . , . i lore Mr. Justice Colcock, at Marrion, m March Term, 1817, to show cause why an information m the nature of a quo warranto, should not be hied against the incumbent, to discover by what au- . thority he then held and exercised .the office oi Ordinary, in Marrion District.
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Quo warranto. This was a rule, obtained be- - * y _ __ . , . i lore Mr. Justice Colcock, at Marrion, m March Term, 1817, to show cause why an information m the nature of a quo warranto, should not be hied against the incumbent, to discover by what au- . thority he then held and exercised .the office oi Ordinary, in Marrion District. On the motion being brought before me the following facts were conceded : Thai the Legislature, at the Session of 1812, passed an act limiting the duration of certain offices; among which was the.office of Ordinary j and directing that all those who there held…
1Opinion of the CourtColcock, J.
On these facts I granted the rule, reserving the right of giving my opinion when the question should he brought up to the Constitutional Court. A motion is made by the counsel for the incumbent to rescind the. order, on the following ground: That the act of 1H12, limiting the duration of the office of Ordinary to the term of four years, is unconstitutional, because the Ordinary is a Judge, and is comprehended in the provisions of the third article and first section of the Constitution, and holds his office during good behaviour.
The first point which presents itself for consideration is,…
2Cases cited1 opinion
- Blunt v. GreenwoodNew York Supreme Court · 1823
3Cited by1 opinion
- In the Interest of Justin B.Supreme Court of South Carolina · 2017