LEE v. CLARK ET AL.

16779

224 S.C. 138 (1953)

77 S.E.2d 485

LEE v. CLARK ET AL.

Supreme Court of South Carolina.

September 10, 1953.


Attorney(s) appearing for the Case

Messrs. Leppard & Leppard, of Chesterfield, for Appellants.

Messrs. Samuel Want, Sam Rogol, and Leroy M. Want, of Darlington, for Respondent.

Messrs. Leppard & Leppard, of Chesterfield, for Appellants, in Reply.


Sept. 10, 1953.

OXNER, Justice.

This action was brought for the purpose of obtaining an adjudication as to the constitutionality of Act No. 856 of the 1952 Acts of the General Assembly, 47 St. at L. 2111. It is here on appeal from an order overruling a demurrer to the complaint and holding that the challenged legislation is unconstitutional.

The Act, omitting portions not pertinent to this controversy, is as follows:

"Whenever two or more school...

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