Legal Opinion

Hand v. Savannah & Charleston Railroad

Supreme Court of South Carolina

Decided September 30, 1879No. CASE No. 761PublishedCited by 2 opinions

Beforé Wallace, J., Charleston, March, 1878. For the previous history of these cases in this court, see, in the following order, 5 S. O. 182, 8 8. G. 207, 6 8. G. 307, and 10 8. G. 406. These cases having been referred to William Alston Pringle, Esq., as special referee, he filed his report, in which he fully states all the questions of fact involved, and thoroughly discusses the points of law arising thereunder.

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Beforé Wallace, J., Charleston, March, 1878. For the previous history of these cases in this court, see, in the following order, 5 S. O. 182, 8 8. G. 207, 6 8. G. 307, and 10 8. G. 406. These cases having been referred to William Alston Pringle, Esq., as special referee, he filed his report, in which he fully states all the questions of fact involved, and thoroughly discusses the points of law arising thereunder. The following are his conclusions of fact upon the matters determined by this court: The Charleston and Savannah Railroad Company was incorporated by an act of the general assembly…

1Opinion of the Court

The opinion of the court was delivered by

Willard, C. J.

The nature of the various questions arising in these cases, and the facts bearing upon them, are fully stated *331in the report of the referee, and it is unnecessary to recapitulate them. The various questions for decision will be separately stated and considered, and them bearing upon the judgment pointed out.

The first question involves the construction of the act of 1856, (12 Stat. 543,) entitled “An act to aid in the construction of the Charleston and Savannah railroad.” The parties who contest such construction are as follows: 1. The…

2Cases cited5 opinions

  1. Galveston Railroad v. CowdreySupreme Court of the United States · 1871
  2. Pennock v. CoeSupreme Court of the United States · 1860
  3. Storrs v. BarkerNew York Court of Chancery · 1822
  4. Chamberlain v. St. Paul & Sioux City RailroadSupreme Court of the United States · 1876
  5. Pierce v. Milwaukee & St. Paul R. R. Co.Wisconsin Supreme Court · 1869

3Cited by2 opinions

  1. Stevens v. MEMPHIS & CHARLESTON RAILROAD COMPANYSupreme Court of the United States · 1885
  2. Ex Parte Fant, ReceiverSupreme Court of South Carolina · 1928

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