Legal Opinion

Hopkins v. Clemson Agricultural College

Supreme Court of South Carolina

Decided January 27, 1907No. 6384PublishedCited by 9 opinions

Action by John Hopkins against Clemson Agricultural College of South Carolina. From judgment for defendant, plaintiff appeals on the following exceptions: “I. Because his Honor erred in finding and holding that the corporation created under the name of ‘The Clemson Agricultural College of South Carolina’ is an agent of the State, and, as such, it cannot be sued; whereas, he should have found and held that defendant is a body politic and corporate, 'and capable of suing and…

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Action by John Hopkins against Clemson Agricultural College of South Carolina. From judgment for defendant, plaintiff appeals on the following exceptions: “I. Because his Honor erred in finding and holding that the corporation created under the name of ‘The Clemson Agricultural College of South Carolina’ is an agent of the State, and, as such, it cannot be sued; whereas, he should have found and held that defendant is a body politic and corporate, 'and capable of suing and being sued. “II. Because his Honor erred in finding and holding that the legislature of the State, in creating the…

1Opinion of the Court

The opinion in this case was filed November 20, 1906, but remittitur held up on petition for rehearing until

January 27, 1907. The opinion of the Court was delivered by This action was begun on the first day of September, 1905. Its object was to recover by the plaintiff of the defendant the sum of eight thousand dollars on account of the tort of the defendant by a dike erected by the defendant on the east side of the Seneca River, which it was alleged had caused the waters of said Seneca River to overflow forty-three acres of bottom lands owned by the plaintiff, so that said lands were so…

2Cases cited7 opinions

  1. Belknap v. SchildSupreme Court of the United States · 1896
  2. State Ex Rel. Weddle v. Board of County School CommissionersCourt of Appeals of Maryland · 1902
  3. Bryant v. City Council of OrangeburgSupreme Court of South Carolina · 1904
  4. Columbia W. P. Co. v. Columbia Electric &c. Co.Supreme Court of South Carolina · 1895
  5. Lowry v. ThompsonSupreme Court of South Carolina · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McCall v. BatsonSupreme Court of South Carolina · 1985
  2. Faust v. Richland CountySupreme Court of South Carolina · 1921
  3. McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
  4. McDowell v. Warden of Michigan ReformatoryMichigan Supreme Court · 1912
  5. Triplett v. City of CoulumbiaSupreme Court of South Carolina · 1918

4 more not listed; retrieve them via the Exa API.

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