Legal Opinion

County of Lancaster v. Cheraw & Chester Railroad

Supreme Court of South Carolina

Decided February 24, 1888PublishedCited by 2 opinions

The opinion fully states the case. on the question of ultra vires and estoppel, cited the following authorities : 2 Pars. Cont., 790; Big. Estop., 466; 95 Ill., 245; 83 Id., 141 ; 96 U. S., 312, 341, 267 ; 22 Cal, 620 : 29 JV. J. Eq., 543 ; 63 N. Y., 62. cited the statute quoted in the opinion, and the following additional authorities 93 U. S., 326 ; 31 Penn. St., 334; 109 Mass., 53; 18 Wall., 271; 71 III, 380; 84 111, 435; 12 Abb.

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The opinion fully states the case. on the question of ultra vires and estoppel, cited the following authorities : 2 Pars. Cont., 790; Big. Estop., 466; 95 Ill., 245; 83 Id., 141 ; 96 U. S., 312, 341, 267 ; 22 Cal, 620 : 29 JV. J. Eq., 543 ; 63 N. Y., 62. cited the statute quoted in the opinion, and the following additional authorities 93 U. S., 326 ; 31 Penn. St., 334; 109 Mass., 53; 18 Wall., 271; 71 III, 380; 84 111, 435; 12 Abb. (N. S.), 289; 49 W. Y., Ill; 28 Me., 525; 35 Vl, 205; 52 Penn. St., 498; 38 III, 145; 31 Incl, 1; Big. Estop., 480; 13 S. G., 370; Boone Corp., § 104.

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

By an act approved February 27, 1873 (15 Stat., 442), the defendant company was chartered and authorized “to construct a railroad from Cheraw, in Chesterfield-County, to Chesterville, in Chester County, by such route as shall be found most suitable and advantageous, the precise line and location to be determined upon by the incorporators after the necessary surveys shall have been made.” What was the precise line or location thus determined upon, does not appear in the “Case,” though the road seems to have been completed from Chester…

2Cases cited1 opinion

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878

3Cited by2 opinions

  1. White v. Commercial & Farmers' BankSupreme Court of South Carolina · 1903
  2. Graham v. BurgissSupreme Court of South Carolina · 1907

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