Legal Opinion

Riley v. Town of Greenwood

Supreme Court of South Carolina

Decided July 4, 1905PublishedCited by 5 opinions

Before Watts, J., Greenwood, April, 1905. Action by S. J. Riley against Town of Greenwood, and its Town Council. From judgment overruling demurrer, defendants appeal. cites: Municipal corporation cannot be sued for damages except under some statute: 44 S. C., 173. Tozvn is not liable for tort of its officers: 44 S. C., 173; 58 S. C., 63; 1 Hillj 570; 43 S. C., 30. Plaintiff’s remedy is prohibition: 33 Ency., 3 ed., 196; 14 S. C., 437; 1 Mills Con.

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Before Watts, J., Greenwood, April, 1905. Action by S. J. Riley against Town of Greenwood, and its Town Council. From judgment overruling demurrer, defendants appeal. cites: Municipal corporation cannot be sued for damages except under some statute: 44 S. C., 173. Tozvn is not liable for tort of its officers: 44 S. C., 173; 58 S. C., 63; 1 Hillj 570; 43 S. C., 30. Plaintiff’s remedy is prohibition: 33 Ency., 3 ed., 196; 14 S. C., 437; 1 Mills Con. R., 55; 3 Spears, 761; 41 S. C., 35; 1 S. C., 361; 66 S. C., 303. cite: Plaintiff has no plain and adequate remedy at law: 68 S. C., 163; 58 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from an order overruling 'a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The following statement appears in the record: “This action was instituted for the purpose:

“1st. Of having an ordinance of the town of Greenwood declared ultra vires, and enjoining defendants from undertaking to enforce the same.
“2d. To enjoin the defendants from undertaking to exercise any control over her land on which she erected a fence as alleged in the complaint.
“3d. To…

2Cases cited5 opinions

  1. Ragsdale v. Southern Ry.Supreme Court of South Carolina · 1901
  2. McClellan v. TaylorSupreme Court of South Carolina · 1899
  3. Wilkins v. Town CouncilSupreme Court of South Carolina · 1899
  4. Mills v. City Council of CharlestonSupreme Court of South Carolina · 1901
  5. State ex rel. Gibbes v. KirklandSupreme Court of South Carolina · 1894

3Cited by5 opinions

  1. Ohlen v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1907
  2. Ex Parte JonesSupreme Court of South Carolina · 1931
  3. Pinckney v. City of BeaufortCourt of Appeals of South Carolina · 1988
  4. Ex parte JonesSupreme Court of South Carolina · 1931
  5. Palmetto Golf Club v. Robinson, SheriffSupreme Court of South Carolina · 1928

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