People's Bank v. Greenville County
Supreme Court of South Carolina
Before C. C. Featherstone Special Judge, Greenville, June, 1909. Action by People’s Bank against Greenville county on claim for the purchase price of mules furnished the county, the plaintiff being assignee of the claim. The complaint was demurred to on the ground that the Court had no jurisdiction of the cause, but it should have been presented to the Board of Commissioners for audit, approval and payment.
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Before C. C. Featherstone Special Judge, Greenville, June, 1909. Action by People’s Bank against Greenville county on claim for the purchase price of mules furnished the county, the plaintiff being assignee of the claim. The complaint was demurred to on the ground that the Court had no jurisdiction of the cause, but it should have been presented to the Board of Commissioners for audit, approval and payment. From this order plaintiff appeals on the following exceptions : 1. “His Honor erred in not holding that the complaint contained sufficient facts to constitute a cause of action in that it…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Jones.
The appeal is from an order sustaining a demurrer to a complaint in which a creditor of Greenville county sues the county upon a contract.
The sole question is whether the Court of Common Pleas has original jurisdiction in a suit against a county based upon a contract.
Appellant concedes that the case of Cunninghim v. Clarendon County, 81 S. C., 201, 62 S. E., 212, is conclusive of the question and requests that the case be overruled.
After consideration we adhere to the rule stated in that case.
The judgment of the Circuit Court is…
2Cases cited1 opinion
- Cunningham v. Clarendon Co.Supreme Court of South Carolina · 1908
3Cited by2 opinions
- Best v. Barnwell CountySupreme Court of South Carolina · 1920
- Dupre v. Lexington CountySupreme Court of South Carolina · 1911