Hutchison v. York County
Supreme Court of South Carolina
Before Ernest Moore, Special Judge, York, November, 1909. Action by Kate J. Hutchison against York County, its supervisor and county board of commissioners. The Circuit decree is: “On the 9th day of November, 1909, at chambers at Chester, S. C., an order was passed in this case refusing the temporary injunction prayed for by the plaintiff herein and reserving the right to state the reasons for such refusal in an order of later date.
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Before Ernest Moore, Special Judge, York, November, 1909. Action by Kate J. Hutchison against York County, its supervisor and county board of commissioners. The Circuit decree is: “On the 9th day of November, 1909, at chambers at Chester, S. C., an order was passed in this case refusing the temporary injunction prayed for by the plaintiff herein and reserving the right to state the reasons for such refusal in an order of later date. “Pressure of other duties has heretofore delayed the passing of this order so stating such reasons, and it is now possible only to state the same in the briefest…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
The judgment of the Circuit Court herewith reported, together with the exceptions thereto, should be affirmed for reasons therein stated.
While the Judge hearing the application does not try the case upon its merits, it is incumbent upon plaintiff to make out a prima facie case that temporary injunction is reasonably essential to protect his rights.
Temporary injunction does not follow automatically when the complaint states a cause of action. Northrop v. Simpson, 69 S. C., 554, 48 S. E., 613; Marion Company v. Tilghman Co., 75 S.…
2Cases cited5 opinions
- Riley v. Charleston Union Station Co.Supreme Court of South Carolina · 1905
- Riley v. Charleston Union Station Co.Supreme Court of South Carolina · 1903
- Marion County Lumber Co. v. Tilghman Lumber Co.Supreme Court of South Carolina · 1906
- Crawford v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1907
- Childs v. BoltonSupreme Court of South Carolina · 1902
3Cited by8 opinions
- Curtis v. StateSupreme Court of South Carolina · 2001
- Floyd v. Thornton, SEC. of StateSupreme Court of South Carolina · 1951
- Seabrook v. Carolina Power & Light Co.Supreme Court of South Carolina · 1930
- Alston v. Board of HealthSupreme Court of South Carolina · 1913
- Sanders v. LutherSupreme Court of South Carolina · 1932
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