City Council v. O'Donnell
Supreme Court of South Carolina
Before Norton, J., Anderson, The Circuit decree, omitting such facts as are stated in the opinion of this court, was as follows : The defendant comes to this court by appeal on the following grounds, to wit: I. Because the said council erred in trying the said case on the written evidence as taken by the mayor on the former trial. II. Because the case should have been tried by the city council de novo. III.
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Before Norton, J., Anderson, The Circuit decree, omitting such facts as are stated in the opinion of this court, was as follows : The defendant comes to this court by appeal on the following grounds, to wit: I. Because the said council erred in trying the said case on the written evidence as taken by the mayor on the former trial. II. Because the case should have been tried by the city council de novo. III. Because the said council erred in sustaining the mayor in the following errors of law, to wit: (1) In overruling defendant’s motion to dismiss the case because the same case was pending in…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
In February, 1888, the defendant was charged before the mayor of the city of Anderson with the violation of one of the ordinances of the said city in selling spirituous liquors without a license on January 2, 1888. It being-admitted that the appellant had been arrested under a warrant issued by a trial justice and bound over for trial in the Court of
*359Sessions for the same act of selling, his counsel submitted a motion to dismiss the case upon the ground that the same case was pending in the Court of Sessions, and, therefore, the…
2Cases cited4 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- In re StateCourt of Appeals of Maryland · 1880
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Freidrich v. Territory of WashingtonWashington Supreme Court · 1891
3Cited by10 opinions
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Liberman v. StateNebraska Supreme Court · 1889
- Miles v. StateCourt of Appeals of Maryland · 1998
- Mixed Local of Hotel & Restaurant Employees Union Local No. 458 v. Hotel & Restaurant Employees International Alliance & Bartenders International League of AmericaSupreme Court of Minnesota · 1942
- State, by Peeples, Atty. Gen. v. GibbesSupreme Court of South Carolina · 1918
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