State v. Trull

Supreme Court of South Carolina

State v. Trull

5 S.C.L. 557

DecidedApril 15, 1816

StatusPublished

This text of 5 S.C.L. 557 (State v. Trull) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Trull, 5 S.C.L. 557 (S.C. 1816).

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Opinion

Colcock, J.

The duties of clerk of Common Pleas and Sessions, having been invariably performed by one and the same person, in all parts of the State, except Charleston, and even there for many years past, I conceive that the judge was authorized by the act of 21st of December, 1799, to make the appointment. For although the clause speaks of the clerks of the Courts of Common Pleas, it unquestionably uses that language to distinguish them from the county courts just then abolished. But I am inclined to think that in cases of exigency, a judge may appoint pro tempore without any act of the legislature. I am against the motion.

Bat, and Gantt, Js., concurred.

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Colcock, J.

The duties of clerk of Common Pleas and Sessions, having been invariably performed by one and the same person, in all parts of the State, except Charleston, and even there for many years past, I conceive that the judge was authorized by the act of 21st of December, 1799, to make the appointment. For although the clause speaks of the clerks of the Courts of Common Pleas, it unquestionably uses that language to distinguish them from the county courts just then abolished. But I am inclined to think that in cases of exigency, a judge may appoint pro tempore without any act of the legislature. I am against the motion.

Bat, and Gantt, Js., concurred.

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Bluebook (online)

5 S.C.L. 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-trull-sc-1816.