STATE EX REL. McLEOD v. CROWE

20805

272 S.C. 41 (1978)

249 S.E.2d 772

STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. Roger A. CROWE in his official capacity as Magistrate of the Liberty Magisterial District of Pickens County, South Carolina, and as a representative of all other magistrates in Pickens County, South Carolina, similarly situated, Defendant, et al. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. Lucile B. WILSON in her official capacity as Magistrate of Georgetown County, South Carolina, and as a representative of other similarly situated magistrates, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. John K. TOAL in his official capacity as Magistrate of the Dutch Fork Magisterial District of Richland County, South Carolina, and as a representative of all other magistrates in Richland County, South Carolina, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. Dixie S. ROBINSON in her official capacity as Magistrate of the Beaufort Township of Beaufort County, South Carolina, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. Robert E. WINGARD in his official capacity as Magistrate of the Ninety Six Township of Greenwood County, South Carolina, and as a representative of all other magistrates in Greenwood County, South Carolina, similarly situated, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. J. Fred SPIRES in his official capacities as Magistrate of District No. 6 of Lexington County, South Carolina, and as Administrator of the Check Clearing House for Lexington County, South Carolina, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. James E. GABLE in his official capacity as Magistrate of District No. 5 of Lexington County, South Carolina, and as a representative of all other magistrates in Lexington County, South Carolina, similarly situated, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. Walter JONES in his official capacities as Magistrate of the Columbia Magisterial District of Richland County, South Carolina, and as Director of the Check Clearing House for Richland County, South Carolina, Defendant. STATE of South Carolina ex rel. Daniel R. McLEOD, Plaintiff, v. Jack P. CANN in his official capacities as Magistrate for and Director of the Check Clearing House for Greenville County, South Carolina, Defendant (Nine Cases). George W. JEFFERSON, James W. Douglas and James E. Gable, Petitioners, v. LEXINGTON COUNTY COUNCIL and the State of South Carolina, Defendants.

Supreme Court of South Carolina.

November 13, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. C. Tolbert Goolsby, Jr., and Sr. Asst. Atty. Gen. Karen LeCraft Henderson, Columbia, for plaintiff.

Sylvan L. Rosen of Rosen & Rosen, Georgetown, for defendant Lucile B. Wilson, Magistrate and as a representative of other similarly situated magistrates.

Felix L. Finley, Jr., Pickens, for defendant Roger A. Crowe, as Magistrate and all other magistrates similarly situated in Pickens County.

Asst. Atty. Gen. Charles H. Richardson, Columbia, and G.P. Callison, Greenwood, for defendant Robert E. Wingard, as Magistrate and all other magistrates in Greenwood County.

Asst. Atty. Gen. Charles H. Richardson, Columbia, for defendant James E. Gable, as Magistrate and a representative of all other magistrates in Lexington County.

Joseph H. Earle, Jr., and James H. Lengel, Greenville, for defendant Jack P. Cann, as Magistrate.

William F. Able, Columbia, for defendant J. Fred Spires, Magistrate of Dist No. 6 of Lexington County and as Administrator of the Check Clearing House for Lexington County.

Charles Porter, Columbia, for defendant Walter Jones, as Magistrate of Columbia Magisterial Dist. of Richland County and as Director of the Check Clearing House for Richland County, and for defendant John K. Toal, as Magistrate and as a representative of all other magistrates in Richland County.

Asst. Atty. Gen. Charles H. Richardson, Columbia, and Ladson F. Howell, Beaufort, for defendant Dixie S. Robinson in her official capacity as Magistrate of the Beaufort Tp. of Beaufort County, S.C.

J. Leeds Barroll, Columbia, for petitioners.

Archie Harman, Lexington, for defendant Lexington County Council.

Staff Atty. James M. Holly, Columbia, for defendant State of S.C.


November 13, 1978.

Per Curiam:

Pursuant to our Order of July 28, 1978, this declaratory judgment action was brought in the Original Jurisdiction of this Court. This action, the result of the consolidation of several complaints, was brought on the relation of the Attorney General, Daniel R. McLeod, to determine the constitutionality of a number of statutes relating to magistrates.

The State challenges the various statutes on several grounds....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases