54 S.C. 556 | S.C. | 1899
The opinion of the Court was delivered by
This was an application, addressed to this Court, in the exercise of its original jurisdiction, praying that a writ of certiorari be issued out of this Court, addressed to the respondents, as commissioners of elections for the county of Abbeville, commanding them to certify and return to this Court the record of the proceedings had before them in relation to a certain election hereinafter referred to. Upon the filing of the petition, an ex parte order was obtained from this Court, upon the motion of Messrs. Sheppard & Greir and Mr. Ellis G. Graydon, as attorneys for the petitioners, requiring the respondents herein to show cause before this Court, upon a day specified, why a writ of certiorari should not issue, addressed to- the respondents, as commissioners of elections for Abbeville County, commanding them to certify and return to' this Court “all the proceedings concerning the protest and contest in the matter of the special election held at Donalds, on the 22d day of November, 1898, to determine the question whether certain portions of Donaldsville, Due West, and Long Cane Townships, in Abbeville County, shall be cut off from Abbeville' County and transferred to and incorporated into Greenwood County, had and taken by, and remaining before them, and all papers, documents and evidence of every kind and description on which they acted in arriving at their decision in said matter.” On the day named the respondents appeared and filed their return, which was demurred to by the petitioners.
From, this statement of facts, as disclosed by the pleadings, it seems to us that there are two insuperable objections to issuing the writ prayed for: 1st. That the petitioners had another remedy, to wit: by appeal to the State board of canvassers from the action of the board of county canvassers, andjfor that reason they have no right to a writ of certiorari. 2d. : Because the allegation in the return, which is admitted by 1 the demurrer, that respondents, before this proceeding was commenced, had sent all the papers pertaining to» said
The judgment of this Court is, that the rule be discharged and that the petition be dismissed.