State Ex Rel. Wolfe v. Sanders

Citations

• 110 S.E. 808
• 118 S.C. 498

Syllabus

<p>1. Process—Order That Previous Order of Court and Petition Should be Regarded as Summons Held Conclusive of Objection That No Summons Had Been Served__Where in an original proceeding in the Supreme Court to determine title to the office of Sheriff, first hearing was postponed on defendant’s objection that for want of summons he had not had the time allowed by law for answering, and an order was then entered that a previous order for serving summons and petition on defendant would be regarded as a summons and complaint, in view of Code Civ. Proc. 1912, § 178, prescribing the requisites of summons, but failing to provide any particular form for it, was conclusive of the objection at a later hearing that no summons had been served on the defendant as required by Code Civ. Proc. 1912, § 177.</p> <p>2. Quo Warranto—Statute Construed to Abolish Quo Warranto. —Code Civ. Proc. 1912, § 462, abolished writ of quo warranto and proceedings by information in the nature of quo warranto, and provided that remedies theretofore obtainable in that manner should be obtained by civil action, which under Code Civ. Proc. 1912, § 177, should be commenced by service of summons.</p> <p>8. Sheriffs and Constables—Attorney General Need Not Obtain Leave of a Circuit Judge to Bring an Action to Try tile Title to the Office of Sheriff.—Under Code Civ. Proc. 1912, § 466, providing that certain actions, as an action to try title to the office of Sheriff, may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party, or by a private party interested, the provision as to obtaining leave from a Circuit Judge does not apply to suits by the Attorney General, but only to actions by private parties.</p> <p>4. Attorney General—Attorney General Need Not Obtain Leave of Circuit Judge Before Bringing Original Action in Supreme Court.'—Code Civ. Proc. 1912, § 466, requiring that, before an action may be brought by the Attorney General in