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DALTON v. TOWN COUNCIL OF MT. PLEASANT

18024

241 S.C. 546 (1963)

129 S.E.2d 523

Jean W. DALTON, Respondent, v. TOWN COUNCIL OF MT. PLEASANT, Francis F. Coleman, Mayor of the Town of Mt. Pleasant, O. Frank Thornton, Secretary of State, and Stoney O. Hartin, Henry Tecklenburg, and J. Oswald Freeman, the County Commissioners of Elections, Defendants, Thomas O. Byrd et al., Intervenors-Defendants, and J.C. Long and The Beach Company, Intervenors-Amici Curiae, of whom Town Council of Mt. Pleasant, G. McGrath Darby, Jr., as successor in office to Francis F. Coleman as Mayor of the Town of Mt. Pleasant, J.C. Long and The Beach Co, are, Appellants.

Supreme Court of South Carolina.

February 7, 1963.

Attorney(s) appearing for the Case

Messrs. Thomas P. Stoney, Huger Sinkler, J.C. Long and W. Turner Logan, all of Charleston, for Appellant.

Messrs. Edward D. Buckley and J. Kenneth Rentiers, of Charleston, for Respondent.

Messrs. Thomas P. Stoney, Huger Sinkler, J.C. Long and W. Turner Logan, all of Charleston, for Appellants, in Reply.

February 7, 1963.

BRAILSFORD, Justice.

This action, commenced May 15, 1955, attacked the validity of the annexation, following an election held March 15, 1955, of certain territory to the municipality of Mt. Pleasant. The complaint charged that the petition for the election was not signed by a majority of the freeholders of the area to be annexed, as required by Section 47-14, Code of Laws, 1952, and that a majority of the qualified persons voting cast their...

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