Enterprise Real Estate Co. v. City Council
Supreme Court of South Carolina
Before Msmminger, J., Charleston, -, 1916. Action by the Enterprise Real Estate Company against the City Council of Charleston and others.
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Before Msmminger, J., Charleston, -, 1916. Action by the Enterprise Real Estate Company against the City Council of Charleston and others. From judgment for defendants, plaintiff appeals on the following exceptions : 1. His Honor, the Circuit Judge, erred in not holding that the proceedings in the city council and the elections held thereunder, set forth in the complaint were illegal, void and of none effect, because they were held and done under acts of the legislature of South Carolina that were unconstitutional and void. 2. His Honor erred in not holding that section 3015 of the Code of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
This cause has been just submitted, and the public exigencies demand a prompt decision of it. It arises out of the alleged purchase by the city of Charleston for $1,360,000 of the waterworks of the Charleston Right & Water Company; and the pending issuance of bonds to pay that price, and an additional issuance of $140,000 of bonds to repair and extend the works. The plaintiff sued to enjoin the issuance of the bonds. The city demurred to the complaint. The Circuit Court sustained the demurrer, and dismissed the complaint.
There is no…
2Cases cited3 opinions
- Cleveland v. City Council of SpartanburgSupreme Court of South Carolina · 1899
- Dick v. ScarboroughSupreme Court of South Carolina · 1905
- Herbert v. GriffithSupreme Court of South Carolina · 1914
3Cited by2 opinions
- Acker v. Cooley, MayorSupreme Court of South Carolina · 1934
- McDaniel v. BristolSupreme Court of South Carolina · 1931