Legal Opinion

Commissioners v. Bank of Dorchester

Supreme Court of South Carolina

Decided November 26, 1920No. 10522PublishedCited by 5 opinions

Before Bowman, J., Dorchester, July term, 1920. Action by the Commissioners oF Public Works of the town of Summerville against Bank of Dorchester, for specific performance of a contract to purchase municipal bonds.

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Before Bowman, J., Dorchester, July term, 1920. Action by the Commissioners oF Public Works of the town of Summerville against Bank of Dorchester, for specific performance of a contract to purchase municipal bonds. From judgment for plaintiff, the defendant appeals. submits: Municipal corporation can only incur bonded indebtedness after strict compliance with constitutional and statutory authority; and the people must first be consulted and have a fair opportunity to register an intelligent expression of their will: 83 S. C. 464; 30 Stat. 801; 26 L. R. A. (N. S.) 665; 80 S. C. 547; 54 S. C.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

On October 2, 1919, an election was duly held in the town of Summerville at which the following questions were submitted to the voters:

“(1) Shall the town of Summerville purchase, repair, and extend the electric lighting plant now existing in said town? (2) Shall the town of Summerville issue its'coupon bonds, according to law, not exceeding in the aggregate the sum of forty thousand dollars ($40,000) for the purchase, repair and extension of the electric lighting plant now existing in said town?”

1 Both questions were answered,…

2Cases cited1 opinion

  1. Herbert v. GriffithSupreme Court of South Carolina · 1914

3Cited by5 opinions

  1. Lang v. City of CavalierNorth Dakota Supreme Court · 1930
  2. Green v. City of Rock HillSupreme Court of South Carolina · 1929
  3. Keigley v. Bench, City RecorderUtah Supreme Court · 1939
  4. Bolton v. Wharton, MayorSupreme Court of South Carolina · 1931
  5. McDaniel v. BristolSupreme Court of South Carolina · 1931

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