Trimmier v. Bomar

Citations

• 20 S.C. 354
• 1884 S.C. LEXIS 18

Syllabus

<p>1. A finding of fact by the Circuit judge, on a motion made before him for a preliminary injunction, sustained.</p> <p>2. Doubted, whether the managers appointed to hold an election on the question of county subscription to the Greenwood, Laurens and Spartanburg Railroad Company, were required by the act of 1880 (17 Stat. 497) to take any oath.</p> <p>3. The requirements of the statute authorizing an election to determine the question of a county subscription to a railroad company having been sub-</p> <p>\\ stantially complied with, and the majority at the election so held having been admittedly in favor of such subscription, an injunction to restrain the issue of county bonds therefor was properly refused.</p> <p>4. The machinery provided for the conduct of elections, in so far as it is not necessary to determine the result, is directory and not mandatory. The great matter in elections is the result.</p> <p>5. Where the taxing power is involved, such power can be exercised only in the manner and form prescribed by the statute; but where the question is raised only as to a power that depends upon the result of an election, the sole inquiry then is, whether the election has been held and the result ascertained.</p>