Butler v. Ellerbe

Citations

• 44 S.C. 256
• 22 S.E. 425
• 1895 S.C. LEXIS 92

Syllabus

<p>1. Registration Laws — State—Parties.'—An action by a taxpayer to restrain the comptroller general from drawing his warrants, and the State treasurer from paying such warrants, for the salaries of officers of registration and election, provided for in the general appropriation act, on the ground that the registration laws of the State are unconstitutional, null, and void, is not an action against the State, nor is the State an indispensable party thereto. Mr. Justice Gary dissenting.</p> <p>2. Statute — Constitutionality—Decision.—An act of the legislature will not be declared unconstitutional where there are other grounds upon which the case can be fully disposed of.</p> <p>3. Ibid. — Ibid.—Constitution—Equity—State—Estoppel.—Per Gary, A. J. The State would not be permitted to deny her liability for the salaries of her registration and election officers for services rendered by her direction on the plea that the registration law was unconstitutional; and, therefore, the Court of Equity will not, at the instance of a citizen and taxp?.yer of the State, enjoin the fiscal officers of the State from paying the appropriation made by the legislature for such payments.</p> <p>4. Ibid. — Ibid.—Ibid.—Ibid.—Per Pope, A. J. A court of equity, in action to enjoin the payment of appropriations made by the legislature for registration and election officers, will not grant the relief demanded, nor consider the constitutionality of the registration laws, where the petition does not show that the petitioner, or any other person entitled, has been denied his rights of registration and voting.</p> <p>5. Equity' — Legal Remedies. — Per Pope, A. J. Equity will not grant relief where there is a plain and adequate remedy at law, and, therefore, the petition for injunction in this case should be refused, as there are at least two remedies at law.</p> <p>6. Registration Laws — Constitution.—The question of the constitutionality of the registration laws of South Carolina raised, but not