Legal Opinion

McCaslan v. Latimer

Supreme Court of South Carolina

Decided April 12, 1882PublishedCited by 3 opinions

Before Fraser, J., Abbeville, November, 1881. This action was commenced and the complaint filed June 23, 1881, by James McCaslan and several others, residents and taxpayers of certain townships of Abbeville county, suing in behalf of themselves and of all others who have a common interest, against James M. Latimer and others, claiming to be president and directors of the Savannah Yalley Railroad Company, and against J. Wardlaw Perrin as treasurer of Abbeville county.

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Before Fraser, J., Abbeville, November, 1881. This action was commenced and the complaint filed June 23, 1881, by James McCaslan and several others, residents and taxpayers of certain townships of Abbeville county, suing in behalf of themselves and of all others who have a common interest, against James M. Latimer and others, claiming to be president and directors of the Savannah Yalley Railroad Company, and against J. Wardlaw Perrin as treasurer of Abbeville county. The complaint alleged the incorporation of the company (16 Stat. 435), and the subscription of certain townships of Abbeville…

1Opinion of the Court

The opinion of the court was delivered by

Me. Chief Justice Simpson.

This action was brought to restrain the defendants appellants, president and directors of the Savannah Yalley Railroad Company, from doing certain acts of official character, and also to restrain the treasurer of *126the county of Abbeville from collecting and paying over the uncollected portion of the tax subscribed to the company.

After filing the complaint and before answer, the plaintiffs respondents made application at chambers before Judge Hudson for a preliminary injunction. Hpon this application Judge Hudson granted a rule…

2Cases cited2 opinions

  1. Hendricks v. DeckerNew York Supreme Court · 1861
  2. Hornfager v. HornfagerNew York Supreme Court · 1850

3Cited by3 opinions

  1. Consolidated Naval Stores Co. v. Brannan Turpentine Co.District Court, E.D. South Carolina · 1942
  2. C. W. Hunt Co. v. Wulbern Fertilizer Co.Supreme Court of South Carolina · 1924
  3. Simonds v. SimondsSupreme Court of South Carolina · 1957

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