Whipper v. Talbird

Citations

• 32 S.C. 1
• 10 S.E. 578
• 1890 S.C. LEXIS 3

Syllabus

<p>1. The right of appeal exists only where granted by some constitutional or statutory provision. Prora the decision of a Board of State Canvassers declaring who has been elected to a county office, no appeal lies.</p> <p>2. Section 358 of the Code of Procedure does not confer any right of appeal, but only declares to what court an appeal from an inferior court shall be taken, how it may be made to operate as a supersedeas, and how it shall be heard.</p> <p>3. But the Board of State Canvassers is not an inferior court or jurisdiction — it is a special tribunal invested with jurisdiction to determine finally the result of elections where the power so to do is not vested by the constitution in some other body.</p> <p>4. An appeal governed by the provisions of section 358 of the Code must be taken to the Circuit Court of the county where the judgment was rendered. All other Circuit Courts are without jurisdiction. The determination by the Board of State Canvassers of the result of an election is rendered at the State capital, in Richland County.</p>