Legal Opinion

Lillard v. Melton

Supreme Court of South Carolina

Decided December 17, 1915No. 9247PublishedCited by 87 opinions

Before Wilson, J., Columbia, April, 1915. Action by John W. Lillard, a resident citizen, freeholder and taxpayer of the city of Columbia, county of Richland and State of South Carolina, on behalf of himself and all others likewise interested and situated, against W. D. Melton, chairman.; A. B. Langley, H. H. Hinnant, J. T. Reese and Andrew Patterson, Jr., as “Richland County Commission for Permanent Highways.”

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Before Wilson, J., Columbia, April, 1915. Action by John W. Lillard, a resident citizen, freeholder and taxpayer of the city of Columbia, county of Richland and State of South Carolina, on behalf of himself and all others likewise interested and situated, against W. D. Melton, chairman.; A. B. Langley, H. H. Hinnant, J. T. Reese and Andrew Patterson, Jr., as “Richland County Commission for Permanent Highways.” From an order refusing an injunction, and dismissing the complaint, the plaintiff appeals, The facts are stated in the opinion of the Court en banc. submits: The outstanding liabilities…

1Opinion of the Court

The opinion of the Court, en banc, was delivered by

Mr. Circuit Judge Smith.

This is an action to enjoin the defendants from issuing bonds under an act, entitled “An act to authorize and provide for the issue of bonds by Richland county for permanent highway improvement, and to provide for the expenditure of the same, and for vehicle licenses and a property tax to pay the same, the total issue not to exceed one and one-quarter million dollars.” 29 Stat. 493.

The constitutionality of the act is assailed upon numerous grounds, some of which have been so fully considered in previous decisions of…

2Cases cited22 opinions

  1. Truax v. RaichSupreme Court of the United States · 1915
  2. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  3. Harder's Fire Proof Storage & Van Co. v. City of ChicagoIllinois Supreme Court · 1908
  4. Luther v. WheelerSupreme Court of South Carolina · 1905
  5. State Ex Rel. Lyon v. BowdenSupreme Court of South Carolina · 1912

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3Cited by87 opinions

  1. Ashmore v. Greater Greenville Sewer Dist.Supreme Court of South Carolina · 1947
  2. Clarke v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1935
  3. State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
  4. Briggs v. Greenville CountySupreme Court of South Carolina · 1926
  5. Golden Gate Bridge & Highway District v. FeltCalifornia Supreme Court · 1931

82 more not listed; retrieve them via the Exa API.

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