State Ex Rel. Southern Ry. v. Earle
Supreme Court of South Carolina
Proceeding for prohibition by Southern Railway Co. against F. S. Earle, mayor of the city of Columbia, and Owen Daly, chief of police of said city. From Circuit order overruling demurrer, refusing motion for reference, and decree on merits, petitioner appeals. cite: Petitioner had no right of appeal which was adeqijate: Code, 1902, 2003; 33 P. R., 880; 4 Rob., 48; 49 La. Ann., 1612; 127 Mass., 60; 19 Minn., 117; 5.Wash., 518; 8 Wash., 591; 45 Mo.
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Proceeding for prohibition by Southern Railway Co. against F. S. Earle, mayor of the city of Columbia, and Owen Daly, chief of police of said city. From Circuit order overruling demurrer, refusing motion for reference, and decree on merits, petitioner appeals. cite: Petitioner had no right of appeal which was adeqijate: Code, 1902, 2003; 33 P. R., 880; 4 Rob., 48; 49 La. Ann., 1612; 127 Mass., 60; 19 Minn., 117; 5.Wash., 518; 8 Wash., 591; 45 Mo. App., 551; 20 Gratt., 522. Circuit Judge had jurisdiction to issue the writ: Con. 1895, art. V., sec. 15; Code 1902, 2736; 14 S. C., 477; 17 S. C.;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of facts. — There are three sets of exceptions in these two cases: (1) Those assigning error on the part of his Honor, the Circuit Judge, in overruling the demurrer to the rule to show cause; (2) those complaining of error in refusing an order of reference in order that the petitioner might have the opportunity of showing that the ordinance hereinafter mentioned was unreasonable and, therefore, deprived the petitioner of its property without due process of law, in contravention of section 1 of the 14th amendment to the…
2Cases cited7 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- St. Louis & San Francisco Railway Co. v. GillSupreme Court of the United States · 1895
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- National Exchange Bank v. StellingSupreme Court of South Carolina · 1890
- Sease v. DobsonSupreme Court of South Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Orangeburg v. FarmerSupreme Court of South Carolina · 1936
- City of Columbia v. AlexanderSupreme Court of South Carolina · 1923
- Clarkson v. Supreme Lodge, K. of P.Supreme Court of South Carolina · 1914
- Fincher v. City of UnionSupreme Court of South Carolina · 1938
- McKean McNeal v. MartinCourt of Appeals of Texas · 1922
5 more not listed; retrieve them via the Exa API.