Legal Opinion

Florida Central & Peninsular R. R. v. City of Columbia

Supreme Court of South Carolina

Decided February 28, 1899PublishedCited by 4 opinions

Before Townsend, J., Richland, April, 1898. Action by Florida Central and Peninsular Railroad against city of Columbia and J. Frost Walker, city treasurer, on the following complaint: 1. That the city of Columbia is and was at the times hereinafter named a municipal corporation duly organized and existing under the laws of the State of South Carolina; and the defendant, J. Frost Walker, is and was at the times hereinafter named the city treasurer of the city of Columbia,…

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Before Townsend, J., Richland, April, 1898. Action by Florida Central and Peninsular Railroad against city of Columbia and J. Frost Walker, city treasurer, on the following complaint: 1. That the city of Columbia is and was at the times hereinafter named a municipal corporation duly organized and existing under the laws of the State of South Carolina; and the defendant, J. Frost Walker, is and was at the times hereinafter named the city treasurer of the city of Columbia, duly elected and qualified. 2. That the plaintiff was at the times hereinafter named and is now a corporation duly…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

This was an action to re*274cover the sum of $200, paid by plaintiff to the treasurer of the city of Columbia, under protest, as a license tax, illegally, as it is claimed, exacted of plaintiff company. The defendant interposed a demurrer to the complaint upon the ground that the complaint fails to state facts sufficient to constitute a cause of action; and, in accordance with the rule of Court, specified in writing two grounds upon which the demurrer should be sustained substantially as follows: 1st. Because the facts stated in…

2Cited by4 opinions

  1. Crosswell Co., Inc. v. Town of BishopvilleSupreme Court of South Carolina · 1934
  2. Portland v. Portland Gas & Coke Co.Oregon Supreme Court · 1915
  3. Norfolk & Western Railway Co. v. Town of SuffolkSupreme Court of Virginia · 1905
  4. State ex rel. Sizemore v. State Election BoardSupreme Court of Oklahoma · 1950

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