Legal Opinion

Edgefield County v. Georgia-Carolina Power Co.

Supreme Court of South Carolina

Decided April 27, 1916No. 9378PublishedCited by 12 opinions

Before Gary, J., Edgefield, August, 1915. Action by the county of Edgefield against the Georgia-Carolina Power Company. From an order overruling demurrer to complaint, defendant appeals. The complaint referred to in the opinion is as follows: (1) That the plaintiff is, and was at the time hereinafter mentioned, a body politic and corporate under the Constitution and laws of the State of South Carolina, and has legal capacity to sue and be sued.

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Before Gary, J., Edgefield, August, 1915. Action by the county of Edgefield against the Georgia-Carolina Power Company. From an order overruling demurrer to complaint, defendant appeals. The complaint referred to in the opinion is as follows: (1) That the plaintiff is, and was at the time hereinafter mentioned, a body politic and corporate under the Constitution and laws of the State of South Carolina, and has legal capacity to sue and be sued. (2) That the defendant is, and was at the times hereinafter mentioned, a corporation duly organized under the laws of the State of South Carolina, and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

This case comes here upon an appeal from an order of the Circuit Court made upon demurrer to the complaint. It arises out of the construction in 1913 and 1914, pursuant to legislative authority, by the defendant, of a concrete dam 30 feet high across Savannah River below the mouth of Stevens Creek, which flows through Edgefield county and • empties itself into Savannah River. 26 Stats. 398. The ' plaintiff has stated its case by the complaint, which needs to be reported, and, of course, the allegations of fact therein made are for the…

2Cases cited7 opinions

  1. Matter of City of BuffaloNew York Court of Appeals · 1877
  2. State Ex Rel. Lyon v. Columbia Water Power Co.Supreme Court of South Carolina · 1909
  3. Wallace v. ColumbiaSupreme Court of South Carolina · 1891
  4. Leitzsey v. Columbia Water Power Co.Supreme Court of South Carolina · 1896
  5. Woods v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  2. Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
  3. Long v. SeabrookSupreme Court of South Carolina · 1973
  4. Kirkland v. GrossCourt of Appeals of South Carolina · 1985
  5. Chesterfield County v. State Highway DepartmentSupreme Court of South Carolina · 1939

7 more not listed; retrieve them via the Exa API.

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