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CREAMER v. CITY OF ANDERSON

17894

240 S.C. 118 (1962)

124 S.E.2d 788

F. C. CREAMER, Jake Hand and others similarly situated, Respondents, v. The CITY OF ANDERSON, et al., of whom The City of Anderson, S.C. James M. Cathcart, Mayor of the City of Anderson, S.C. Clarence Ellison, George S. Mack, Ralph P. Sewell, U.H. Burton, Clarence L. Pressley, W. H. Embler and Rufus H. Moorhead, Councilmen of the City of Anderson, S.C. are, Appellants.

Supreme Court of South Carolina.

April 3, 1962.

Attorney(s) appearing for the Case

Messrs. Watkins, Vandiver, Freeman & Kirven, of Anderson, for Appellants.

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, for Respondents.

Messrs. Watkins, Vandiver, Freeman & Kirven, of Anderson, for Appellants, in Reply.

April 3, 1962.

LEGGE, Acting Justice.

In this action plaintiffs challenged the official result of a special election held on October 27, 1959, to extend the corporate limits of the City of Anderson (Code, 1952, Title 47, Chapter 1, Article 2), contending that less than the required number of the votes legally cast in the area proposed to be annexed to the city were in favor of the annexation. Code, 1952, Section 47...

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