Legal Opinion

Alston v. Board of Health

Supreme Court of South Carolina

Decided March 14, 1913No. 8443PublishedCited by 4 opinions

Before Mrmmingrr, J., Charleston, Action 'by Susan B. Alston and Mary R. Alston against the Board of Health of the City of Charleston.

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Before Mrmmingrr, J., Charleston, Action 'by Susan B. Alston and Mary R. Alston against the Board of Health of the City of Charleston. Plaintiffs appeal. cite: City council is superior to the board of health: 33 S. C. 56; 38 S. C. 495; 83 S. C. 379; Code 1912, 1463, 1464. Powers of the board: 78 S. C. 348. Dairy not a nuisance: 39 S. E. R. 193. Temporary injunction should have been granted: 54 S. C. 473; 84 S. C. 51; 75 S. C. 220; 86 S. C. 160; 69 S. C. 544; 87 S. C. 566'; 88 S. C. 248. cites: Power of the board as to nuisances: Code 1912, 1463, 1449; 83 S. C. 376. Previous permit does not…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

On May 23, 1912, the board of health of the city of Charleston passed a resolution requiring all dairies, in the city to- be closed on or before July 1, 1912.

Plaintiffs, who were conducting a dairy within the city, brought this action to enj oin the board from enforcing the resolution. On plaintiffs’ motion, Judge Memminger ruled the board to show cause why it should not be enjoined, and granted a preliminary restraining order, pending the hearing of the return. On hearing the return, his Honor found that plaintiffs had failed to…

2Cases cited4 opinions

  1. Kirk v. Board of HealthSupreme Court of South Carolina · 1909
  2. Sease v. DobsonSupreme Court of South Carolina · 1891
  3. Hutchison v. York CountySupreme Court of South Carolina · 1910
  4. Crawford v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1907

3Cited by4 opinions

  1. Transcontinental Gas Pipe Line Corp. v. PorterSupreme Court of South Carolina · 1969
  2. Town of Marion v. BaxleySupreme Court of South Carolina · 1939
  3. Pendarvis v. City of OrangeburgSupreme Court of South Carolina · 1930
  4. Collins v. Collins Estate, Inc.Supreme Court of South Carolina · 1946

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