Johns v. Town of Allendale

Mr. Associate Justice Stukes

delivered the unanimous Opinion of the Court:

The usual factual statement will be omitted from .this opinion for about the only difference between the case.and Barker v. Town of Allendale, 203 S. C., 149, 26 S. E. (2d), 393, is that the respective trial Judges reached opposite conclusions and, incidentally, there were, in effect, two such in agreement in the former case and only the usual number, one, in this. The respondent here sought and obtained leave to argue against, and advocate the overruling of, the recently decided case just cited. It was said in oral…