Bank of McCormick v. McCormick County
Supreme Court of South Carolina
Before Shipp, J., McCormick, Fall term, 1919. Action by the Bank of McCormick, S. C., against McCormick County, J. H. Lyon, as Supervisor, and W. H. Parks, as Treasurer. From order sustaining a demurrer by McCormick county, and dismissing the complaint as to it, the plaintiff appeals.
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Before Shipp, J., McCormick, Fall term, 1919. Action by the Bank of McCormick, S. C., against McCormick County, J. H. Lyon, as Supervisor, and W. H. Parks, as Treasurer. From order sustaining a demurrer by McCormick county, and dismissing the complaint as to it, the plaintiff appeals. Order of Circuit Judge Sustaining Demurrer. — This is an action based on. a note executed in the name of McCormick county, by the commissioners referred to in paragraph two and twenty-one of the act of 1916 establishing McCormick county. A demurrer was interposed to the complaint on the grounds that the Court of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from order of his Honor, Judge Shipp, sustaining a demurrer interposed by the county of McCormick to the jurisdiction of the Court on the ground that the Court of Common Pleas had no jurisdiction of the case against the county of McCormick.
His Honor dismissed, the complaint, and plaintiff appealed, and by eight exceptions imputes error.
The complaint alleges in substance that Tyon is supervisor, and Parks the treasurer, of McCormick county, and a special commission was created for said county, with power to audit…
2Cases cited1 opinion
- Best v. Barnwell CountySupreme Court of South Carolina · 1920
3Cited by1 opinion
- Ross v. Pickens CountySupreme Court of South Carolina · 1928