125 S.E. 191 | S.C. | 1924
Lead Opinion
November 11, 1924. The opinion of the Court was delivered by For the reasons assigned by his Honor, Judge Shipp, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.
MR. JUSTICE MARION concurs in result.
MR. JUSTICE FRASER disqualified, did not participate.
Concurrence Opinion
I concur in the result upon the ground that the verification of the complaint is insufficient, and that the application is not supported by affidavits.
I do not agree to the statement: "Even if the Acts were unconstitutional, the acts of a de facto officer cannot be attacked, except by some one holding the lawful title of the office."
This is, generally speaking, true, but the principle does not apply where there is no office legally created; the rule being that where there is no office, there can neither be an officer de jure nor de facto. Norton v. Shelby County,
