Linley v. Citizens National Bank
Supreme Court of South Carolina
Before Prince, J., Anderson, at chambers, 'Anderson, November, 1917. Suit by John W. Dinley and others, as a body corporate under the name and style of the Board of Drainage Commissioners of Eighteen Mile Creek Drainage District, against the Citizens National Bank of Anderson, S. C., and another. From a decree in favor of plaintiffs, defendants appeal.
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Before Prince, J., Anderson, at chambers, 'Anderson, November, 1917. Suit by John W. Dinley and others, as a body corporate under the name and style of the Board of Drainage Commissioners of Eighteen Mile Creek Drainage District, against the Citizens National Bank of Anderson, S. C., and another. From a decree in favor of plaintiffs, defendants appeal. The constitutional amendment designated as article I of amendments to the Constitution reads as follows: “The General Assembly shall provide by law for the condemnation, through proper official channels, of all lands necessary ’ for the proper…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The’case involves the validity of a proposed bond issue of $33,000 by the board of drainage, commissioners of Eighteen Mile Creek drainage district in Anderson, tenta tively sold to the defendants by the plaintiffs. The issue is not made by those who are liable to pay the bonds, but by two banks which have agreed to buy them, and which with characteristic timidity have shied at suspected defects in the security. The Circuit Court sustained the bonds, and we think that event fixed their character; but the banks have nevertheless…
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