Mills v. City Council of Charleston
Supreme Court of South Carolina
Before Gary, J., Charleston, May, 1900. Action by Vesta Mills against City Council of Charleston for perpetual injunction against collection of city taxes.
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Before Gary, J., Charleston, May, 1900. Action by Vesta Mills against City Council of Charleston for perpetual injunction against collection of city taxes. Prom Circuit decree granting injunction, defendant appeals. cite: Court had no jurisdiction to grant the injunction, after city ordinance forbidding injunctions of this class: Acts 1894, 1104; Rev. Stat., 339; 23 S. C., 70; 11 S. C., 291; 53 S. C., 201; 12 S. C., 29. Can plaintiff maintain an action to enjoin the collection of a tax imposed against a separate and distinct corporation, to wit, the Charleston Mills? 24 S. C., 369; 49 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts of the case are thus stated by his Honor, the Circuit Judge: “This is a suit for an in junction to restrain the city council of Charleston from collecting a tax claimed by the city authorities of Charleston to be due the city by the plaintiff, Vesta Mills. The facts are agreed and submitted in the form of a stipulation. It appears that during the year 1888, the Charleston Mills were incorporated under a general act of the General Assembly of the State of South Carolina, and was organized with a paid up capital of $250,000,…
2Cases cited1 opinion
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
3Cited by5 opinions
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- State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929