Matheny v. City of Aiken
Supreme Court of South Carolina
Before Gage, J., Aiken, February, 1903. Two actions: (1) John Matheny against City of Aiken, (3) J. G. Harrigal against same. From order sustaining demurrer, plaintiffs appeal. cite: As to due process of law: 13 N. Y., 309; 4 Wheat., 336; Cool, on Con. Rim., secs. 256-7, 564; Williams on Mun.
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Before Gage, J., Aiken, February, 1903. Two actions: (1) John Matheny against City of Aiken, (3) J. G. Harrigal against same. From order sustaining demurrer, plaintiffs appeal. cite: As to due process of law: 13 N. Y., 309; 4 Wheat., 336; Cool, on Con. Rim., secs. 256-7, 564; Williams on Mun. Riab. for Torts, 268, 269. Has property of appellants been appropriated to a public use? 13 Wall., 167; 10 Wall., 504; 1 R. R. A., 296; 26 R. R. A., 653; 38 R. R. A., 474; 28 R. R. A., 443; 15 R. R. A., 618; 138 U. S., 246; 133 U. S., 541; 48 R. R. A., 691, 711, 717; 10 Ency., 844, 846; 1 Wood on…
1Opinion of the Court
March 7, 1904. The opinion of the Court was delivered by Statement of Facts — The following statement is taken from appellant's argument:
"The above entitled actions were begun by proper service of the summons and complaint in each action upon the defendant on the 17th day of September, 1901. By consent of counsel, both causes were heard together, upon demurrer in each case, before his Honor, Judge Gage, at the special term of the Court of Common Pleas for the county of Aiken, held at Aiken, the first Monday in January, 1903. Each action is for damages by a riparian proprietor against the city…
2Cases cited19 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
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3Cited by10 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Green v. City of Rock HillSupreme Court of South Carolina · 1929
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
- Sheriff v. City of EasleySupreme Court of South Carolina · 1936
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