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HERNDON v. S.C. STATE HWY. DEPT.

16948

226 S.C. 384 (1955)

85 S.E.2d 287

WHITSELL HERNDON, Respondent v. THE SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

January 5, 1955.

Attorney(s) appearing for the Case

Messrs. T.C. Callison, Attorney General, and James S. Verner, Assistant Attorney General, of Columbia, for Respondent-Appellant.

Messrs. Cabell, Singletary & Santos, of Charleston, for Petitioner-Respondent.

January 5, 1955.

OXNER, Justice.

We are called upon to determine whether a circuit judge is empowered to review and modify or set aside the suspension of a driver's license by the Highway Department upon the ground that the driver had been convicted of operating a motor vehicle while under the influence of intoxicating liquor. The Court below held that it had jurisdiction to do so under Section 46-178 of the 1952 Code. The correctness of this conclusion is...

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