Legal Opinion

White v. Town Council

Supreme Court of South Carolina

Decided July 21, 1891PublishedCited by 5 opinions

Before Pressley, J., York, Action by F. H. White and W. Y. Hemphill, trading under the firm-name of F. B. White & Co., against the Town Council of Rock Hill, commenced before a trial justice on October 2, 1888. The opinion states the case, the exceptions to the order of the Circuit Judge being as follows: 1. Because the ordinance of the defendant was in conformity to and authorized by its charter, and the evidence showing that the plaintiffs were engaged only temporarily in…

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Before Pressley, J., York, Action by F. H. White and W. Y. Hemphill, trading under the firm-name of F. B. White & Co., against the Town Council of Rock Hill, commenced before a trial justice on October 2, 1888. The opinion states the case, the exceptions to the order of the Circuit Judge being as follows: 1. Because the ordinance of the defendant was in conformity to and authorized by its charter, and the evidence showing that the plaintiffs were engaged only temporarily in business, the decision of the trial justice should have been sustained, and it w'as error, it is respectfully submitted,…

1Opinion of the Court

The opinion of the court was delivered by

Mit. Justice McIver.

By the act of 1887 (19 Stat., 1163), the town council of Rock Hill is, amongst other things, invested with power “to require all insurance, telegraph, and express companies doing business in said town, and also all transient persons, companies, or corporations of any kind whatsoever, engaged temporarily in any business, profession, or occupation in said town, except such as are engaged as teachers or as ministers of the gospel, to pay to said town such sum or sums of money as a license tax as said town council may by ordinance…

2Cited by5 opinions

  1. Southern Fruit Co., Inc. v. PorterSupreme Court of South Carolina · 1938
  2. Weeks v. Hosch Lumber Co.Supreme Court of Georgia · 1909
  3. Wood-Mendenhall Co. v. City of GreerSupreme Court of South Carolina · 1911
  4. City of Columbia v. PutnamSupreme Court of South Carolina · 1962
  5. Hyams v. CarrollSupreme Court of South Carolina · 1928

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