Legal Opinion

Elledge v. Wharton

Supreme Court of South Carolina

Decided June 14, 1911No. 7929PublishedCited by 20 opinions

Petition in the original jurisdiction of this Court by D. C. Elledge and R. F. Golden for writ of mandamus against T. B. Wharton, foreman of the grand jury; T. C. Burnett, supervisor; G. B. Riley and George Dorn, county board of commissioners, and E. Graham Payne, treasurer, of Greenwood county.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Ci-iiee Justice Jones.

The petitioners, claiming to be rural policemen duly commissioned by the Governor and qualified under the Rural Police Act of February 18, 1911, seek by mandamus to compel respondents to pay the salary $166.66, alleged to be due each for the two months ending May 7, 1911. By their return respondents deny that petitioners had been duly appointed and commissioned, in that they were appointed by the Governor without the recommendation of the legislative delegation of Greenwood county, as required by the act.

It appears that the…

2Cases cited4 opinions

  1. Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
  2. Eubank v. Montgomery CountyCourt of Appeals of Kentucky · 1907
  3. Behan v. DavisArizona Supreme Court · 1892
  4. Adams v. Directors of Insane AsylumArizona Supreme Court · 1895

3Cited by20 opinions

  1. State Ex Rel. Coleman v. LewisSupreme Court of South Carolina · 1936
  2. State Ex Rel. Roddey v. BYRNES, GOVERNORSupreme Court of South Carolina · 1951
  3. Heyward v. LongSupreme Court of South Carolina · 1935
  4. Spartanburg County v. Miller, Treas.Supreme Court of South Carolina · 1924
  5. Blalock v. Johnston, GovernorSupreme Court of South Carolina · 1936

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