52 S.C. 207 | S.C. | 1898
The opinion of the Court was delivered by
This is an action brought in the original jurisdiction of this Court by the plaintiffs above named, having already received such consent to do so as required by law, to test the right of the defendant to hold the office of county treasurer of Dorchester County, in this State, because it is alleged that under the Constitution of this State, adopted in the year 1895, there is no such county as Dorchester County, and, consequently, no such office as that of its county treasurer. The coinplaint must be reported. The answer of defendant need not be reported.
When the complaint was read before this Court, the defendant interposed the oral 'demurrur that the complaint did not state facts sufficient to constitute a cause of action, in two particulars: first, because it is not alleged that the defendant usurped, intruded into or unlawfully holds or exercises any public office, civil or military; second, because
After a full hearing of the respective counsel, and after a patient investigation of the matters involved, this Court passed the following order (omitting the caption): “The Court having reached the conclusion that there is no ground for the relief prayed for in the petition, and it being important to the public interests that this conclusion should be annonnced without further delay; it is ordered, that the petition be dismissed. The reasons for this conclusion will be stated in an opinion to be hereinafter filed.” Such being our conclusion, it only remains that the reasons therefor be now stated.
It follows, therefore, that the relief prayed for must be denied, our judgment to that effect having already been rendered herein.