Musladin v. Black

Supreme Court of South Carolina December 7, 1915

Musladin v. Black, 87 S.E. 69 (S.C. 1915)

102 S.C. 544; 1915 S.C. LEXIS 235

PER CURIAM.

Opinion of the Court

The following order was made

Per Curiam.

This is an application for a writ of certiorari to require the city Democratic executive committee of Charleston to certify to this Court the proceedings had before them in the matter of'the recent Democratric primary for the city of Charleston to nominate a mayor and aider-men for said city.

It appears from the return of the respondents filed herein that they have not now the possession of the proceedings; that they have filed the same with the clerk of the Court for Charleston county, as provided by law, and they would now be unable to comply with the writ, if issued.

This return is not traversed’. Under the case of State v. Moore, 54 S. C. 556, 32 S. E. 700, the writ is refused.

Footnote.—As to laches on part of petitioner in seeking writ, see 9 L. R. A. 356, 80 Am. Dec. 85, 125 Am. St. Rep. 743, 747.

Reference

Full Case Name: Musladin v. Black Et Al.
Status: Published
Syllabus: Certiorari—Time of Application for Writ.—A writ of certiorari will not be issued against a board to review their action on proceedings to declare the result of an election, after the record has passed beyond its control.