Supreme Court of South Carolina, 1913

Bryan v. Auditing Board of Williamsburg County

Supreme Court of South Carolina · Decided March 17, 1913 · Gary

77 S.E. 736; 94 S.C. 43; 1913 S.C. LEXIS 110 (South Eastern Reporter)

Counsel

Messrs. Kelly Hinds , for appellant, cite: Claims were properly verified: 13 S.C. 266 . The auditing board has jurisdiction to approve the claim: 16 S.C. 244 . Appellant could not be removed by general proclamation: 89 S.C. 114 ; 78 S.C. 177 ; 97 N.W. 887; 15 L.R.A. 95; 8 Ency. 1403; 19 Ency. 562; 111 Ind. 101 ; 76 Col. 753; 29 Cyc. 1408, 1410; 126 N.Y. 180 ; 59 N.Y. 166 ; 82 N.Y. 491 ; 32 N Y S.R. 1116; 3 N.Y. Supp. 522; 4 Sandf. 109; 20 Wend. 595; 5 Barb. 43; 13 Pet. 230; 39 Ark. 211 ; 15 Ill. 110 ; 44 Miss. 353 ; 6 Caldw. 486; 100 Pa. 222 ; 54 Pa. 233 ; 24 Tex. 253 ; 1 Bay. 356; 2 Bay. 105; 43 S.C. 161 ; 36 Mich. 416 ; 177 U.S. 293 ; 1 S.C. 465 ; 1 McC. 239; 14 S.C. 378 ; 19 Ency. 391, 392, 562; 92 S.C. 458 , 469 . Declarations and acts of appellant do not amount to estoppel: 42 S.C. 350 ; 26 S.C. 186 ; 68 S.C. 34 ; 13 S.C. 369 ; 40 Cyc. 252, 259, 263; 28 Ency. 526; 15 Gray 231; 98 U.S. 582 ; 9 A.S.R. 574; 50 S.A.R. 831; 76 Va. 307 ; 47 L.R.A. 454; 15 N.W. 465; 13 S.C. 90 ; 43 L.R.A. 809; 105 U.S. 363 ; 40 S.C. 261 ; 18 L.R.A. 479; 47 S.C. 57 . As to acquiesence: 40 Cyc. 258; 28 Ency. 529; 82 N.Y. 325 . Resignation: 8 S.C. 520 ; 139 A.S.R. 359; 3 Nev. 566 ; 49 Ala. 402 . Appellant did not abandon his office: 1 Cyc. 5; 135 A.S.R. 890; 28 S.W. 688; 120 S.W. 439 ; 113 A.S.R. 515. Mr. LeRoy Lee , contra, cites: Verifying claims: 55 S.C. 383 ; 81 S.C. 430 ; 92 S.C. 329 , 335 ; 90 S.C. 180 ; 24 S.C. 543 . As to removal of appellant: 78 S.C. 177 ; 92 S.C. 458 . Appellant having accepted removal, he is bound by it: 8 S.C. 495 , 408; 113 Am. St. R. 512.

Opinion of the Court

The opinion of the Court was delivered by

Mr. CitiEE Justice Gary.

This is an application for a writ of mandamus, requiring the respondents to audit and approve certain claims of the relator mentioned in his petition, which will be incorporated in the report of the case.

His Honor, Judge John S. Wilson, issued a rule requiring the respondents to show cause, why the prayer of the petition should not be granted; and upon hearing the return, adjudged that it was sufficient, and dismissed the petition. The said return will also be reported.

This appeal is from the order of his Honor, Judge Wilson, dismissing the petition.

The only reply which the petitioner made to the return, was the introduction of an affidavit by George J. Graham, containing the following statement: “That on the 26th day of February, 1910, he was at all times thereafter, has been, and now is sheriff of Williamsburg county; that he knows John T. Bryan, and that deponent has at no time and in no manner, requested Governor Cole. T. Blease to remove the said John T. Bryan, from the office of constable for Williamsburg county, but considered that he was removed by the proclamation of the Governor.”

The return was not otherwise traversed, and the other facts therein alleged must, therefore, be considered as admitted by the relator, and they clearly show, that the petition was properly dismissed.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.