Legal Opinion

City of Florence v. Berry

Supreme Court of South Carolina

Decided July 23, 1901PublishedCited by 12 opinions

Before Gary, J., Florence. Indictment by city of Florence against W. H. Berry and R. J. Rollins, in separate cases, for violating city ordinances.

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Before Gary, J., Florence. Indictment by city of Florence against W. H. Berry and R. J. Rollins, in separate cases, for violating city ordinances. From affirmance in Circuit Court of judgment against defendants in mayor’s court, defendants appeal on the following exceptions: “I. Because the Circuit Judge erred in holding that the mayor had jurisdiction to try defendant, although it appeared upon the face of the proceedings that the prosecution against defendant was not based upon an oath or affidavit, as required by law. “II. Because the Circuit Judge erred in holding that while the city…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chile Justice McIver.

These two cases, being both prosecutions for violations of an ordinance of the city of Florence, forbidding the sale of spirituous liquors within the corporate limits of said city, were -heard and will be considered together, as the most of the questions presented by the appeals are common to both. We propose to consider these questions in the order in which they are considered in the argument of the counsel for appellants.

i Exceptions -one, two and three raise a jurisdictional point and may be considered together. The point…

2Cited by12 opinions

  1. State v. WhartonSupreme Court of South Carolina · 1975
  2. State v. LangfordSupreme Court of South Carolina · 1953
  3. Truesdell v. JohnsonSupreme Court of South Carolina · 1928
  4. Silcox & Co. v. JonesSupreme Court of South Carolina · 1908
  5. State v. BethuneSupreme Court of South Carolina · 1919

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