Legal Opinion

Mays v. Seaboard Air Line Ry.

Supreme Court of South Carolina

Decided November 29, 1906PublishedCited by 6 opinions

Before Mbmminger, J., Greenwood, October, 1905. Action by W. H. Mays against Seaboard Air Bine Ry. From judgment sustaining demurrer to complaint, plaintiff appeals. Mr. Grier cites: The act is a valid exercise of the reserved power in the Legislature to alter, amend or repeal the charter of all corporations: Cool. Con.

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Before Mbmminger, J., Greenwood, October, 1905. Action by W. H. Mays against Seaboard Air Bine Ry. From judgment sustaining demurrer to complaint, plaintiff appeals. Mr. Grier cites: The act is a valid exercise of the reserved power in the Legislature to alter, amend or repeal the charter of all corporations: Cool. Con. Rim., 87; 19 Wall, 678; 43 S. C., 398; 11 Stat., 183; Con. 1868, art. V., sec. 13; Con. 1895, art IX., sec. 2; Code 1903, 1843; Acts 1903, 1311; 17 Wall., 333; 83 U. S., 305; 99 U. S., 348; 34 S. C., 61; 57 A. & E. R. R. Cas., 556; 68 N. Y., 336; 3 Wood on R. R., 838; 38 -S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

This action seeks to recover ten dollars each day from the 9th day of June, 1905, to the 12th day of July, 1905, one-half of which when adjudged shall be paid to the State of South Carolina and the other half thereof for the plaintiff and for such other relief as may be just. The complaint is as follows:

“1. That the defendant is now and was at the times hereinafter named a railroad corporation, created by and under the laws of the State of South Carolina, and as such owns and operates a line of railroad passing through the county…

2Cases cited1 opinion

  1. Moore v. Columbia, RailroadSupreme Court of South Carolina · 1892

3Cited by6 opinions

  1. Watson v. Southern Railway Co.District Court, D. South Carolina · 1975
  2. Mayfield v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1910
  3. Southern Bell Telephone & Telegraph Co. v. Town of CalhounDistrict Court, W.D. South Carolina · 1923
  4. Dowling v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1913
  5. State v. SmithIdaho Supreme Court · 1929

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