Pickens County v. Hinton

• Decision Date: 18 November 1930
• Docket Number: 12977.
• Citation: 155 S.E. 881,158 S.C. 465
• Parties: PICKENS COUNTY v. HINTON et al.
• Court: South Carolina Supreme Court

155 S.E. 881

158 S.C. 465

PICKENS COUNTY v. HINTON et al.

No. 12977.

Supreme Court of South Carolina

November 18, 1930

Appeal from Common Pleas Circuit Court of Pickens County; W. H Townsend, Judge.

Action by Pickens County against O. T. Hinton and another. From an order refusing defendants' motion to amend their answer defendants appeal.

Reversed.

Haynsworth & Haynsworth, of Greenville, W. C. Mann, G. G. Christopher, and S. B. Craig, all of Pickens, and B. F. Martin, of Greenville, for appellants.

Hughs & Hughs, of Walhalla, for respondent.

PER CURIAM.

Upon consideration of the petition for a rehearing in this case it is ordered that the opinion heretofore filed on September 22, 1930, be withdrawn and the following opinion be substituted in lieu thereof:

This is an appeal from an order of his honor, Judge Townsend, refusing a motion by the defendants to amend their answer.

The action is against O. T. Hinton and the defendant Fidelity & Deposit Company, surety upon his official bond as treasurer of Pickens county, for an alleged loss of $91,438.35 to the county, by reason of his "careless negligent and unlawful acts," in connection with the disbursement of certain school funds, between July 1, 1921, and June 30, 1925, as county treasurer.

The irregularities charged are:

(1) The disbursement of money borrowed, in a certain amount, for the general school fund, as county board fund, instead of placing it to the credit of the several school districts as provided by law.

(2) The disbursement of the general school fund, in a certain amount, for purposes other than provided by law upon warrants issued by the county board of education, contrary to law.

(3) The disbursement of the general school fund, in a certain amount, as county board fund, upon warrants not issued by the county board of education as required by law.

(4) The disbursement of the general school fund, in a certain amount, upon warrants not approved by the superintendent of education of Pickens county as required by law.

(5) The disbursement of the school funds of the several school districts, upon warrants not signed by a majority of the board of trustees of the several districts, as required by law.

(6) The disbursement of the school funds, set apart as a sinking fund for placing the schools of the county upon a cash basis under the provisions of section 2693, vol. 3, Code, in a certain amount, as part of county board fund, for alleged current bills filed against the county board of education. ^[1]

The defendants proposed an amendment to their answer alleging:

"III. This defendant alleges that the said Oler T. Hinton, as Treasurer of Pickens County, did annually during his term of office, to- wit, from July 1, 1921, to July, 1925, as required by law, have and make with the County Auditor of Pickens County a full and complete written settlement covering all the matters and things set forth in the Complaint; that each settlement was made in compliance with the provisions of law and attended by the County Supervisor, or Chairman of the County Board of Commissioners, County Superintendent of Education and Comptroller General (or the officer appointed by him); that such settlement sheets were duly presented by said Treasurer of Pickens County, and were vouched in accordance with the provisions of law, and duly approved in writing in compliance with section 536 of volume 3, Code of Laws of South Carolina for 1922, one copy being filed in the office of the County Auditor, and another copy mailed to the Comptroller General.

"IV. That at said annual settlements all of the items referred to in the Complaint were duly presented, investigated and approved, and said annual settlements are final and conclusive and are binding upon the said County of Pickens and all other parties interested, and the matters and things set up in the Complaint cannot be reagitated.

"V. That upon expiration of his term of office, the said Oler T. Hinton, as Treasurer of Pickens County, in July, 1925, did make and have with the County Supervisor, or Chairman of the County Board of Commissioners, County Superintendent of Education and Comptroller General (or the officer appointed by him) a complete and final settlement covering all his transactions as County Treasurer; all books, vouchers, receipts and other papers being presented and approved, and, together with the balance shown to be on hand, turned over to his successor in office, as required by section 756 of volume 3, Civil Code of South Carolina, 1922; that said settlement is final and conclusive and binding upon said County of Pickens and all other parties interested, has been acquiesced in for nearly five years and cannot now be questioned."

The motion for the...