Legal Opinion

Ex Parte Evans

Supreme Court of South Carolina

Decided October 31, 1905PublishedCited by 4 opinions

Before Gage, J., Greenville, December, 1904. Petition to City Council of Greenville by Mrs. Mary Evans for permit to build a house. Upon objection by Mrs. Maude Simmons, the permit was refused. Mrs. Evans appealed to Circuit Court, which reversed the action of the City Council.

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Before Gage, J., Greenville, December, 1904. Petition to City Council of Greenville by Mrs. Mary Evans for permit to build a house. Upon objection by Mrs. Maude Simmons, the permit was refused. Mrs. Evans appealed to Circuit Court, which reversed the action of the City Council. From this order, Mrs. Simmons and City Council appealed. cite: City council did not act as court and no appeal lies: Code of Proc., 358; 32 S. C., 1; 12 S. C., 111. cite: City council acted as a court: Con., art. V., sec. 15; Code of Proc., 358; 19 Stat., 109; 44 S. C., 351; 42 S. C., 184. Ordinance of ipoj repeals by…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

On June 14, 1904, petitioner applied to the board of fire commissioners of the city of Green-ville, under the provisions of the ordinances of said city, for permission to- erect a two-room frame dwelling on Academy street, in said city, and on same day a permit was granted, signed by the chairman of the board of fire commissioners and chief of the fire department; but on the 16 th day of June, 1904, the chief of the fire department revoked said permit and forbade work on said building. On July 5, 1904, the petitioner applied to' the…

2Cases cited3 opinions

  1. Whipper v. TalbirdSupreme Court of South Carolina · 1890
  2. City Council v. EichelbergerSupreme Court of South Carolina · 1895
  3. City Council v. BrownSupreme Court of South Carolina · 1894

3Cited by4 opinions

  1. City of Indianapolis v. HawkinsIndiana Supreme Court · 1913
  2. Richards, Governor v. BallentineSupreme Court of South Carolina · 1929
  3. State ex rel. Richards v. BallentineSupreme Court of South Carolina · 1929
  4. Willow Consolidated High School Dist. v. Union School Dist. No. 46 of Orangeburg CountySupreme Court of South Carolina · 1950

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