State Ex Rel. Schroder v. Burns
Supreme Court of South Carolina
Before DanTzeEr, J., Oconee, October, 1905. Application for writ of mandamus by W. J. Schroder, as county treasurer of Oconee County, against C. R. D. Burns, as clerk of Court. From order refusing writ, relator appeals.
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Before DanTzeEr, J., Oconee, October, 1905. Application for writ of mandamus by W. J. Schroder, as county treasurer of Oconee County, against C. R. D. Burns, as clerk of Court. From order refusing writ, relator appeals. Mr. Jaynes cites : Sec. 34, art. III., Con. 1895; 6 Ency., 935; 15 Pet., 445; 59 S. C., 110'; 60 S. C., 503. Mr. Herndon cites: Sec. 34, art. III., Con. 1895; 63 S. C-, S50; 59 S. C.,’ 504; 66 S. C., 333; 60 S. C., 504; 64 S. C., 194; 61 S, €., 311; 51 S¡. C., 51; 60 S. C., 50; 17 Ency., 898.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an appeal from an order of Judge Dantzler denying relator’s application for a writ of mandamus to> require respondent to pay over to relator certain amounts'collected by him as fees, costs and commissions. and to- make and file certain monthly reports, as required by an act of the General Assembly, approved February 22, 1905.
Judge Dantzler held that so- much of section 33 of said act as undertakes to provide for the compensation of the clerk of the Court for Oconee County is void, because violative of art. III., sec. 34-, and…
2Cases cited4 opinions
- State v. HigginsSupreme Court of South Carolina · 1897
- Nance v. Anderson Co.Supreme Court of South Carolina · 1901
- Severance v. MurphySupreme Court of South Carolina · 1903
- State v. QueenSupreme Court of South Carolina · 1902
3Cited by11 opinions
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- Thomas v. Spartanburg Ry., Gas & Electric Co.Supreme Court of South Carolina · 1915
- Gamble v. Clarendon CountySupreme Court of South Carolina · 1938
- Xepapas v. RichardsonSupreme Court of South Carolina · 1929
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