Georgia, Railway Co. v. Ridlehuber
Supreme Court of South Carolina
Before Fraser, J., Abbeville, June, 1892. Action by the Georgia, Carolina and Northern Railway Company against G. 0. Ridlehuber, trustee, F. C. Ridlehuber, and others, commenced October 16, 1890. So much of the Oircuit decree as relates to the only point there determined was as follows: The plaintiff claims that the instrument is a valid release of the right of way; that the question as to its validity cannot be made in the special proceedings above referred to, and that an…
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Before Fraser, J., Abbeville, June, 1892. Action by the Georgia, Carolina and Northern Railway Company against G. 0. Ridlehuber, trustee, F. C. Ridlehuber, and others, commenced October 16, 1890. So much of the Oircuit decree as relates to the only point there determined was as follows: The plaintiff claims that the instrument is a valid release of the right of way; that the question as to its validity cannot be made in the special proceedings above referred to, and that an injunction from the equity side of 'this court is the only remedy. “Parties who join (in these proceedings) must show a…
1Opinion of the Court
The opinion of the court was delivered by
Me. Chief Justice McIvee.
On the 23d of September, *3111890, the defendants herein filed their petition in the Court of Common Pleas against the plaintiff company, for compensation for the talcing by said plaintiff of a right of way, and the construction of its road over and across a tract of land therein described, in which the prayer was, that said petition be filed in the office of the clerk of said court, and that said clerk be ordered to empanel a jury according to law, to ascertain the compensation to be paid for the use of the land required for…
2Cited by19 opinions
- Charleston & Western Car. Ry. Co. v. ReynoldsSupreme Court of South Carolina · 1904
- Sheriff v. City of EasleySupreme Court of South Carolina · 1936
- Columbia Water Power Co. v. NunamakerSupreme Court of South Carolina · 1906
- Riley v. Charleston Union Station Co.Supreme Court of South Carolina · 1903
- Parish v. Town of YorkvilleSupreme Court of South Carolina · 1913
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