City of Florence v. Berry
Supreme Court of South Carolina
Before Gary, J., Florence, winter term, 1898. Indictment by the city of Florence against C. P. Berry. From Circuit order reversing judgment of city court, the city appeals.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. GliiEE Justice McIvER.
The sole question presented by this appeal is as to the effect of a judgment rendered by this Court, where the members thereof are equally divided and the judgment below is affirmed, under the provisions of the Constitution. Or, to state the question more specifically, whether such a judgment is of binding authority in any subsequent case presenting the same question, or whether it is only declarative of the law in the particular case in which such a judgment was rendered. In this case, his Honor, Judge Ernest Gary, held that…
2Cited by11 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Cannaday v. RailroadSupreme Court of North Carolina · 1906
- Robertson v. Mississippi Valley Co.Mississippi Supreme Court · 1919
- Gainey v. AndersonSupreme Court of South Carolina · 1910
- Richbourg's Shoppers Fair, Inc. v. StoneSupreme Court of South Carolina · 1967
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