State Ex Rel. Bruce v. Rice
Supreme Court of South Carolina
Action by W. W. Bruce, as intendant, and Wm. K. Thomas and J. A. Hancock, as wardens of the town of Carlisle, against J. G. Rice, W. B. May, K. D. Bailey, J. D. Fleming and W. F. Bates.
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Action by W. W. Bruce, as intendant, and Wm. K. Thomas and J. A. Hancock, as wardens of the town of Carlisle, against J. G. Rice, W. B. May, K. D. Bailey, J. D. Fleming and W. F. Bates. From Circuit orders all defendants, except Bates, appeal. cites: Complaint does not state facts to warrant injunction: Code Proc., 240; 27 S. C., 408; 34 S. C., 62; 1 High on Inj., sec. 491; 35 S. C., 307; 51 S. C., 387; Code Proc., 424-443. Undertaking should have been required: 51 S. C., 388. Injunction should not have been granted: Code of Proc., 424-443; 15 S. C., 552; 19 S. C., 421; 23 S. C., 75; 2 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action by summons and complaint as a substitute for proceedings in quo warranto, and it is sought to have determined who is entitled to the office of intendant and wardens of the town of Carlisle. The appeal is from an order of Judge Townsend, dated June 3, 1902, requiring defendants to show cause before him at chambers, at Union, S. C., on the 27th day of June, 1902, by what authority they are holding and exercising the duties of intendant, wardens and clerk and treasurer respectively, and why they should not be enjoined…
2Cases cited1 opinion
- State v. EvansSupreme Court of South Carolina · 1890
3Cited by4 opinions
- Garbo v. Hilleary Franchise Systems, Inc.Missouri Court of Appeals · 1972
- Darling v. BrunsonSupreme Court of South Carolina · 1913
- McDowell v. BurnettSupreme Court of South Carolina · 1912
- State Ex Rel. Lindsey v. TollisonSupreme Court of South Carolina · 1913