Bank of McCormick v. McCormick County
Supreme Court of South Carolina
Before Shipp, J., McCormick, Fall term, 1919. Action by the Bank of McCormick, S. C., against McCormick County, J. H. Lyon, as Supervisor, and W. H. Parks, as Treasurer. From order sustaining a demurrer by McCormick county, and dismissing the complaint as to it, the plaintiff appeals.
Read the full summary
Before Shipp, J., McCormick, Fall term, 1919. Action by the Bank of McCormick, S. C., against McCormick County, J. H. Lyon, as Supervisor, and W. H. Parks, as Treasurer. From order sustaining a demurrer by McCormick county, and dismissing the complaint as to it, the plaintiff appeals. Order of Circuit Judge Sustaining Demurrer. — This is an action based on. a note executed in the name of McCormick county, by the commissioners referred to in paragraph two and twenty-one of the act of 1916 establishing McCormick county. A demurrer was interposed to the complaint on the grounds that the Court of…
1Concurrence
Mr. ChiEE Justice Gary,
concurring. The only question raised by the appeal is whether there was error on the part of his Honor, the Circuit Judge, in sustaining a demurrer to the complaint, on the ground that the Court of Common Pleas did not have jurisdiction of the subject matter of the action.
When the case of Jennings v. Abbeville County, 24 S. C. 543, was decided in 1886, section 19, art. IV, Constitution of 1868, was of force, and it is as follows:
“The qualified electors of each county shall elect three persons for the term of two years, who shall constitute a board of county…
2Cases cited1 opinion
- Dupre v. Lexington CountySupreme Court of South Carolina · 1911