Legal Opinion

Weeks v. Bryant

Supreme Court of South Carolina

Decided September 22, 1914No. 8933Published

Before Bowman, J., Orangeburg, June, 1914. Action by John X. Weeks and William C. Smoak, freeholders and taxpayers of Orangeburg, against R. F. Bryant, as mayor; F. J. D. Felder and H. Van Ohsen, councilmen, composing the city council of Orangeburg, to enjoin the issuance of certain municipal bonds, attempted under the provisions of Civil Code, 1912, sec. 3015, for the establishment of a waterworks and an electric light plant.

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Before Bowman, J., Orangeburg, June, 1914. Action by John X. Weeks and William C. Smoak, freeholders and taxpayers of Orangeburg, against R. F. Bryant, as mayor; F. J. D. Felder and H. Van Ohsen, councilmen, composing the city council of Orangeburg, to enjoin the issuance of certain municipal bonds, attempted under the provisions of Civil Code, 1912, sec. 3015, for the establishment of a waterworks and an electric light plant. The decree of the Circuit Judge, omitting his review of certain decisions, was as follows : This action is brought by the plaintiffs as citizens and taxpayers of the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

1 The principal question in this case, which is raised by the first exception, is decided by the case of Herbert v. Griffith, 99 S. C. 1, 82 S. E. 986, recently filed.

2 The third exception is also sustained. The statute under which such bonds may be issued distinctly provides that, at the election for bonds, the commissioners of public works shall be elected, and prescribes their powers and duties. There is nothing in the act providing a commission form of government which expressly or impliedly abrogates that provision of the…

2Cases cited1 opinion

  1. Herbert v. GriffithSupreme Court of South Carolina · 1914

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