Cantwell v. Williams

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtMoIver, C. J
Citation14 S.E. 549,35 S.C. 602,35 S.C. 603
Decision Date08 January 1892
PartiesCantwell, Supervisor, v. Williams et al.

14 S.E. 549
35 S.C. 602
35 S.C. 603

Cantwell, Supervisor,
v.
Williams et al.

Supreme Court of South Carolina.

Jan. 8, 1892.


Appeal — Dismissal — Speculative Questions— Failure to Prosecute Appeal.

1. Act Dec. 24, 1890, authorized the governor to appoint three commissioners to revise the

[14 S.E. 550]

registration books of the county of Charleston, and provided that on completion of the revision of the registration in the city of Charleston the commissioners should deliver the books and papers connected therewith to the supervisor of registration for the county. Held, that where, pending an appeal by the commissioners from an order compelling them to deliver the hooks to the supervisor, the latter is removed with the consent of the senate, the appeal will be dismissed, since speculative questions cannot be considered.

2. An appeal will be dismissed where the appellant fails to file his points and authorities within the time required by tbe rules of the supreme court.

Appeal from common pleas circuit court of Charleston county; Wallaoe, Judge.

Action by William P. Cantwell, supervisor of registration of Charleston county, against George W. Williams and others, to obtain possession of certain registration books and papers connected therewith. An order was made compelling defendants to surrender the books to plaintiff. Defendants appeal. Appeal dismissed.

Act Dec. 24, 1890, under which the action was brought, authorized the governor to appoint three commissioners to revise the registration books of the county of Charleston, and provided that on completion of the revision of the registration in the city of Charleston the commissioners should deliver the books and papers connected therewith to the supervisor of registration of the county.

Smythe & Lee and J. K. B. Bryan, for petitioner.

Atty. Gen. McLaurin, for defendants.

MoIver, C. J. Upon the call of this case counsel for respondent moved to dismiss the appeal herein on the ground (as appears by the affidavit of the clerk of this court, duly filed) that no points and authorities had been filed by the appellants in accordance with the rules of this court; the respondent having duly filed his points and authorities and argument on the merits with the said clerk. A suggestion was also filed, by order and permission of the court, by counsel for the respondent, bringing to the attention of the court the fact that since the taking and docketing of the appeal herein, to-wit, on the 26th November, A. D. 1891,...

To continue reading

Request your trial
11 practice notes
  • State Ex Rel. Rawlinson v. Ansel
    • United States
    • United States State Supreme Court of South Carolina
    • 25 Marzo 1907
    ...office in question. It is the usual practice of this court not to consider questions which are merely speculative. Cantwell v. Williams, 35 S. C. 603, 14 S. E. 549. The writ of certiorari will not be issued unless it appears that it will be available to relieve some actual and substantial w......
  • Click v. Sample
    • United States
    • Supreme Court of Arkansas
    • 3 Diciembre 1904
    ...S.Ct. 474; 26 S.W. 1116; 156 U.S. 651; 62 Ga. 747; 2 Cent. Dig. "App. & Error," § 69; 61 F. 208; 82 N.Y. 575; 49 Hun, 607; 95 N.C. 515; 35 S.C. 602; 139 N.Y. 446, s. c. 34 N.E. 931; 113 U.S. 216; 2 Johns. Ch. 317; 127 N.C. 243, s. c. 37 S.E. 263; 126 N.C. 86, s. c. 35 N.E. 228; 125 N.C. 437......
  • State v. Port Royal & A. Ry. Co, (No. 3,683.)
    • United States
    • United States State Supreme Court of South Carolina
    • 23 Noviembre 1895
    ...32); and State[23 S.E. 377]v. Wright, 32 La. Ann. 1017 (reported, also, in 36 Am. Rep. 274). Again, in the case of Cantwell v. Williams, 14 S. E. 549, which was a contest as to the office of supervisor of registration, in which, pending an appeal, Cantwell was removed from office by the pro......
  • State ex rel. Cashman v. Board of Commissioners of Grant County, 18,774
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Octubre 1899
    ...45 N.J. Eq. 747, 754, 18 A. 81; People v. Troy, 82 N.Y. 575; Matter of Manning, 139 N.Y. 446, 448, 34 N.E. 931; Cantwell v. Williams, 35 S.C. 602, 14 S.E. 549; State v. Wagoner, 88 Tenn. 290, 12 S.W. 721; Foster v. Smith, 115 Cal. 611, 47 P. 591. Appeal dismissed. ...
  • Request a trial to view additional results
11 cases
  • State Ex Rel. Rawlinson v. Ansel
    • United States
    • United States State Supreme Court of South Carolina
    • 25 Marzo 1907
    ...office in question. It is the usual practice of this court not to consider questions which are merely speculative. Cantwell v. Williams, 35 S. C. 603, 14 S. E. 549. The writ of certiorari will not be issued unless it appears that it will be available to relieve some actual and substantial w......
  • Click v. Sample
    • United States
    • Supreme Court of Arkansas
    • 3 Diciembre 1904
    ...S.Ct. 474; 26 S.W. 1116; 156 U.S. 651; 62 Ga. 747; 2 Cent. Dig. "App. & Error," § 69; 61 F. 208; 82 N.Y. 575; 49 Hun, 607; 95 N.C. 515; 35 S.C. 602; 139 N.Y. 446, s. c. 34 N.E. 931; 113 U.S. 216; 2 Johns. Ch. 317; 127 N.C. 243, s. c. 37 S.E. 263; 126 N.C. 86, s. c. 35 N.E. 228; 125 N.C. 437......
  • State v. Port Royal & A. Ry. Co, (No. 3,683.)
    • United States
    • United States State Supreme Court of South Carolina
    • 23 Noviembre 1895
    ...32); and State[23 S.E. 377]v. Wright, 32 La. Ann. 1017 (reported, also, in 36 Am. Rep. 274). Again, in the case of Cantwell v. Williams, 14 S. E. 549, which was a contest as to the office of supervisor of registration, in which, pending an appeal, Cantwell was removed from office by the pro......
  • State ex rel. Cashman v. Board of Commissioners of Grant County, 18,774
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Octubre 1899
    ...45 N.J. Eq. 747, 754, 18 A. 81; People v. Troy, 82 N.Y. 575; Matter of Manning, 139 N.Y. 446, 448, 34 N.E. 931; Cantwell v. Williams, 35 S.C. 602, 14 S.E. 549; State v. Wagoner, 88 Tenn. 290, 12 S.W. 721; Foster v. Smith, 115 Cal. 611, 47 P. 591. Appeal dismissed. ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT