Duncan v. City of Charleston
Supreme Court of South Carolina
Petition by John Duncan and1 Catherine Mansfield, and one by John Fred. Peiper in the original jurisdiction of this Court, asking that the City Council of Charleston and the Charleston Light and Water Co. be perpetually enjoined from executing a proposed contract. cites: This contract creates a bonded indebtedness: 37 S. C., 5541 53 S. C., 274; and offends sec. 7, art. VIII., and se’c. 5, art. X., of Constitution.
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Petition by John Duncan and1 Catherine Mansfield, and one by John Fred. Peiper in the original jurisdiction of this Court, asking that the City Council of Charleston and the Charleston Light and Water Co. be perpetually enjoined from executing a proposed contract. cites: This contract creates a bonded indebtedness: 37 S. C., 5541 53 S. C., 274; and offends sec. 7, art. VIII., and se’c. 5, art. X., of Constitution. Act of i8pp (23 Stat., 31) is a special act: 56 N. F. R., 155; 23 Ency., 1st ed., 149. Does not repeal the act of 1881: 23 Ency., 473, 484; 37 S. C., 338: 8 S. C., 129; 2 Woods,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
These actions, in the original jurisdiction of this Court, have for their common object the perpetual injunction by this Court of the city council of Charleston from entering into the contract with the Charleston Light and' Water Company in regard to the latter furnishing to the former a water supply from the stream known as Goose Creek, at a distance of about sixteen miles from the city of Charleston, and at a point situate in Berkeley County. By the order passed by this Court on the 3d day of June, 1901, the two actions were blended…
2Cases cited1 opinion
- Turnipseed v. SirrineSupreme Court of South Carolina · 1901
3Cited by13 opinions
- Lillard v. MeltonSupreme Court of South Carolina · 1915
- Anderson v. Aetna Casualty and Surety Co.Supreme Court of South Carolina · 1934
- State Ex Rel. Edwards v. OsborneSupreme Court of South Carolina · 1940
- GILBERT v. McLEOD INFIRMARYSupreme Court of South Carolina · 1951
- Leaphart v. National Surety Co.Supreme Court of South Carolina · 1932
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