Legal Opinion

Verner v. Muller

Supreme Court of South Carolina

Decided June 14, 1911No. 7930PublishedCited by 16 opinions

Petition by James S. Verner and A. R. Taylor in the original jurisdiction of this Court for injunction against W. F. Muller, A. B. Campbell, J. E. Heise, E. M. Hook and Charles Kinsler, as members of the board of county commissioners of Richland county. cite: As to the constitutionality of the act: 74 S. C. 449; 76 S. C. 332; 77 SC. 272. As to the legality of the election: 73 S. C. 398; 86 S. C. 425, 461. Levying tax to meet interest is not a condition precedent to issuing…

Read the full summary

Petition by James S. Verner and A. R. Taylor in the original jurisdiction of this Court for injunction against W. F. Muller, A. B. Campbell, J. E. Heise, E. M. Hook and Charles Kinsler, as members of the board of county commissioners of Richland county. cite: As to the constitutionality of the act: 74 S. C. 449; 76 S. C. 332; 77 SC. 272. As to the legality of the election: 73 S. C. 398; 86 S. C. 425, 461. Levying tax to meet interest is not a condition precedent to issuing bonds: 85 S. C. 163. Charging street cars a toll would not render the act unconstitutional: 76 S. C. 332.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

The petitioners as taxpayers seek to enjoin the board of county commissioners of Richland county from issuing certain coupon bonds of Columbia township, in Richland county, about to be issued under alleged authority of the act of February 20. 1908, 25 Stat. 1431.

1 It is contended first that the act is in violation of section 17, article III, of the Constitution, providing: “Every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title.”

The title of the act is: “An act…

2Cases cited5 opinions

  1. State Ex Rel. Davis v. State Board of CanvassersSupreme Court of South Carolina · 1910
  2. Stackhouse v. County Board of CommissionersSupreme Court of South Carolina · 1910
  3. State v. O'DaySupreme Court of South Carolina · 1906
  4. State Ex Rel. Welsh v. State Board of CanvassersSupreme Court of South Carolina · 1908
  5. Welch v. GetzenSupreme Court of South Carolina · 1910

3Cited by16 opinions

  1. Clarke v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1935
  2. State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
  3. Gaud v. WalkerSupreme Court of South Carolina · 1949
  4. Rogers v. City of MobileSupreme Court of Alabama · 1964
  5. State Ex Rel. Coleman v. LewisSupreme Court of South Carolina · 1936

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API