Legal Opinion

Houston v. Town of West Greenville

Supreme Court of South Carolina

Decided June 30, 1921No. 10668PublishedCited by 3 opinions

Before DeVorE, J., Greenville, November, 1920. Action by R. E. Houston against the town of West Greenville, Southern Railway Co. et al. From order sustaining a demurrer to the complaint the plaintiff appeals. cite: City cannot sell right to private party to close street: 117 N. E., 81 (111.); 58 N. W., 369 (Mich.). Administrative ordinance may be attacked for fraud: Dillon Mun. Corp. (5th Ed.) Sec. 778, 780: McQuillin Mun.

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Before DeVorE, J., Greenville, November, 1920. Action by R. E. Houston against the town of West Greenville, Southern Railway Co. et al. From order sustaining a demurrer to the complaint the plaintiff appeals. cite: City cannot sell right to private party to close street: 117 N. E., 81 (111.); 58 N. W., 369 (Mich.). Administrative ordinance may be attacked for fraud: Dillon Mun. Corp. (5th Ed.) Sec. 778, 780: McQuillin Mun. Corp., Sec. 704; 38 Cyc., 3756; 2 D. R. A. (N. S.) 152 43 L. R. A. 678. Batson case (106 S C. 307) not conclusive. on plaintiff: 107 S. C. 406; 88 S. C. 475. One cannot…

1Opinion of the Court

The opinion of the Court was'delivered by

Mr. Chief Justice Gary.

This is an action for damages for closing a stréet, on which plaintiff’s property abutted. The defendant Southern Railway Company demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action as to said defendant, for the following reasons :(1) “It appears upon the face of the complaint that the street in question was closed by the town council of West Greenville, acting within their powers as.a municipal corporation.”(2) “It appears upon the face of the complaint that the…

2Cases cited1 opinion

  1. Batson v. Southern Ry. Co.Supreme Court of South Carolina · 1917

3Cited by3 opinions

  1. Cothran v. Rock HillSupreme Court of South Carolina · 1947
  2. Jennings v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1950
  3. Houston v. Town of West GreenvilleSupreme Court of South Carolina · 1924

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