Gibson v. Greenville
Supreme Court of South Carolina
Before Klugh, J., Greenville, August, 1901. Motion • for mandamus in W. C. Gibson against City Council of Greenville. Erom order granting motion, defendant appeals. cites: No sufficient ground was shown for the order: 13 Ency. P. & P., 674, 675, 676; 16 S. C., 533; 15 S. C., 330; 19 Ency., 2 ed., 725, and note on 727; 38 S. C., 308. Writ could only direct acts of official duty: 6 S. C., 126. Charter only provides for ascertaining amount of compensation: 33 S..
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Before Klugh, J., Greenville, August, 1901. Motion • for mandamus in W. C. Gibson against City Council of Greenville. Erom order granting motion, defendant appeals. cites: No sufficient ground was shown for the order: 13 Ency. P. & P., 674, 675, 676; 16 S. C., 533; 15 S. C., 330; 19 Ency., 2 ed., 725, and note on 727; 38 S. C., 308. Writ could only direct acts of official duty: 6 S. C., 126. Charter only provides for ascertaining amount of compensation: 33 S.. C., 483; Rev. Stat., 1550, 1551, 1743, 1744; 38 S. C., 308. cite: Liability of city has been established: 53 S. C., 575. Mandamus will…
1Opinion of the Court
The opinion of the. Court was delivered by
Mr. Justice Jones.
The appeal in this case is from an order of mandamus by Judge Klugh, dated August 10, 1901, commanding the city council of Greenville, within thirty days after the service of the order to appoint a commission to assess the amount of damages suffered by the plaintiff, W. C. Gibson, through the alteration of the grade of Main street, in the city of Greenville, as provided in sec. 30 of the charter of said city. Mandamus was resisted solely on the ground that “liability in this case is not conceded but is denied, nor has it been…
2Cited by8 opinions
- Hardy v. SimpsonWest Virginia Supreme Court · 1937
- Willimon v. City of GreenvilleSupreme Court of South Carolina · 1963
- Sheriff v. City of EasleySupreme Court of South Carolina · 1936
- Godwin v. CarriganSupreme Court of South Carolina · 1955
- Bramlett v. City Council of GreenvilleSupreme Court of South Carolina · 1911
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