Legal Opinion

Wagener v. Smith

Supreme Court of South Carolina

Decided May 26, 1952No. 16630PublishedCited by 15 opinions

1Opinion of the Court

Oxner, Justice.

We have before us the unusual situation of two units of government attacking the validity of the corporate existence of each other. The clash was almost inevitable since the two municipal corporations are coextensive in area and are undertaking to exercise substantially the same powers and to discharge the same functions. The corporate authorities of the township of Folly Island contend that the charter issued by the Secretary of State to the town of Folly Beach is invalid, while the governing body of the latter asserts that the act creating the township government of Folly…

2Cases cited12 opinions

  1. Ashmore v. Greater Greenville Sewer Dist.Supreme Court of South Carolina · 1947
  2. In Re Sanitary Bd. of E. Fruitvale Sanitary Dist.California Supreme Court · 1910
  3. Gaud v. WalkerSupreme Court of South Carolina · 1949
  4. Thomas v. MacKlenSupreme Court of South Carolina · 1938
  5. City of Galena Park v. City of HoustonCourt of Appeals of Texas · 1939

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3Cited by15 opinions

  1. Tovey v. City of CharlestonSupreme Court of South Carolina · 1961
  2. Gould v. BartonSupreme Court of South Carolina · 1971
  3. Glens Falls Insurance v. City of ColumbiaSupreme Court of South Carolina · 1963
  4. Sloan v. Greenville Hospital SystemSupreme Court of South Carolina · 2010
  5. Wagener v. JOHNSONSupreme Court of South Carolina · 1953

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