State v. Shaw
Supreme Court of South Carolina
This was an application by the Attorney General to the original jurisdiction of the Supreme Court for a judgment of “ouster” against the Hon. A. J. Shaw, one of the Circuit Judges of the State, from office, on the ground that he had been unconstitutionally elected.
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This was an application by the Attorney General to the original jurisdiction of the Supreme Court for a judgment of “ouster” against the Hon. A. J. Shaw, one of the Circuit Judges of the State, from office, on the ground that he had been unconstitutionally elected. The facts were: that at an election held on February 12th, 1875, for Judge of the Third Judicial Circuit to fill the unexpired term of Hon. J. T. Green, deceased, the Hon. A. J. Shaw was voted for, received a majority of the votes given, and was declared elected; that the voting was viva voce as directed by Section 24, Article II,…
1Opinion of the Court
The Judges delivered their opinions, seriatim, as follows:
Haskell, A. J.
The question in this case is of the most serious character. It involves the construction of an important clause in the Constitution of the State, and upon such construction depends the title to one of the highest and most honorable offices in the *133gift of the State. The Court, impressed by the gravity as well as the magnitude of the matter which it has had under consideration, while there is division of opinion, has, nevertheless, arrived at a conclusion concurred in by a majority of its members. The opinion of each…
2Cited by5 opinions
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- Thomson v. RobbSupreme Court of Virginia · 1985