State v. Rankin
Supreme Court of South Carolina
This was an indictment against George W. Rankin for a public nuisance. The indictment contained three counts. The first charged that George W. Rankin, on the first day of January, in the year of our Lord one thousand eight hundred and seventy, at Anderson Court House, in the County and State aforesaid, injuriously and knowingly did erect, or cause to be erected, a certain dam across Three and Twenty Creek, a common and ancient water course at Anderson Court House, in the…
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This was an indictment against George W. Rankin for a public nuisance. The indictment contained three counts. The first charged that George W. Rankin, on the first day of January, in the year of our Lord one thousand eight hundred and seventy, at Anderson Court House, in the County and State aforesaid, injuriously and knowingly did erect, or cause to be erected, a certain dam across Three and Twenty Creek, a common and ancient water course at Anderson Court House, in the County and State aforesaid, by means of which the water flowing in the creek was stopped, dammed up and flowed back in and…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
So much of the appeal as seeks to arrest the judgment cannot be sustained. It does not appear from the brief that any application to that end was made in the Circuit Court. It therefore comes before us an original and independent motion, which we have not the power to entertain.—Const., Sec. 4, Art. IV. State vs. Bailey, 1 S. C., 1; Floyd vs. Abney, Ibid, 114; Elmore vs. Scurry, Ib., 139.
We must, therefore, limit our enquiry to so much of the appeal as claims a new trial for the alleged errors of law by the presiding Judge of the Court…
2Cases cited2 opinions
- Mills v. HallNew York Supreme Court · 1832
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- State, Dept. of Envir. Protection v. Exxon Corp. and Ici America, Inc.New Jersey Superior Court Appellate Division · 1977
- Barksdale v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1909
- Overcash v. South Carolina Electric & Gas Co.Court of Appeals of South Carolina · 2003
- State v. . HolmanSupreme Court of North Carolina · 1889
- Green v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1928
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