City of Union v. Board of Commissioners of Public Works
Supreme Court of South Carolina
Before Wilson, J., Union, Majr term, 1911. City of Union against the Board of Commissioners of Public Works for the city of Union, on the following complaint : “The plaintiff above named, complaining of the above named defendants, alleges: 1. “That the plaintiff is, and was at the times hereinafter mentioned, a municipal corporation, duly chartered and existing under and by virtue of the laws of the State of South Carolina, with full power to sue and be sued in the Courts of…
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Before Wilson, J., Union, Majr term, 1911. City of Union against the Board of Commissioners of Public Works for the city of Union, on the following complaint : “The plaintiff above named, complaining of the above named defendants, alleges: 1. “That the plaintiff is, and was at the times hereinafter mentioned, a municipal corporation, duly chartered and existing under and by virtue of the laws of the State of South Carolina, with full power to sue and be sued in the Courts of this State, and having full power and authority under its charter and the statute laws of this State to own property…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an appeal from an order, sustaining a demurrer, to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The complaint will be set out. in the report of the case.
The grounds of demurrer were: (1) That the defendants are under the statute law of this State, a body politic and corporate, and no duty is imposed upon them, to do and perform the acts and obligations, set forth in the complaint. (2) That under the statutes of this State, in such cases made and provided, the…
2Cases cited5 opinions
- McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
- Poole v. Paris Mountain Water Co.Supreme Court of South Carolina · 1908
- Mauldin v. Council of GreenvilleSupreme Court of South Carolina · 1890
- State Ex Rel. Gwynn v. Citizens' Telephone Co.Supreme Court of South Carolina · 1901
- Hardy v. ReamerSupreme Court of South Carolina · 1910
3Cited by7 opinions
- Park v. Greenwood CountySupreme Court of South Carolina · 1934
- Welling v. Clinton Newberry Natural Gas AuthoritySupreme Court of South Carolina · 1952
- Sossamon v. Greater Gaffney Metropolitan Utilities AreaSupreme Court of South Carolina · 1960
- City of Spartanburg v. BLALOCKSupreme Court of South Carolina · 1953
- Hyams v. CarrollSupreme Court of South Carolina · 1928
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