State v. Southern Railway
Supreme Court of South Carolina
Before Klugh, J., Richland, December, 1907. Action by State of South Carolina against Southern Railway Company, Asheville and Spartanburg Railroad Company, South Carolina and Georgia Railroad Company, Car-. olina Midland Railway Company, South Carolina and Georgia Railroad Extension Company, and Southern Railway — Carolina Division.
Read the full summary
Before Klugh, J., Richland, December, 1907. Action by State of South Carolina against Southern Railway Company, Asheville and Spartanburg Railroad Company, South Carolina and Georgia Railroad Company, Car-. olina Midland Railway Company, South Carolina and Georgia Railroad Extension Company, and Southern Railway — Carolina Division. From Circuit order discontinuing case, defendants appeal. cite: State entitled to no special favors: 1 S. C., 72; 3 S. C., 167; 22 S. C., 74. Order is discretionary with the Court: 2 McC., ch. 419; Chev. Eq., 95; 1 Rich. Eq., 294; 2 Strob. Eq., 210; 11 S. C., 547;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendants appeal from an order granting leave to the Attorney-General to discontinue this action instituted in behalf of the State, as directed by the Act of the General Assembly of 22d February, 1904 (24 Stat., 665). The questions to be decided are: First, did the statute under which the action was brought require the Attorney-General to carry the pending cause forward to a final determination of the issues ? Second, did the Circuit Judge have the power in his discretion to refuse the motion to discontinue? Third, did the…
2Cases cited1 opinion
- Latimer v. SullivanSupreme Court of South Carolina · 1892
3Cited by15 opinions
- State Ex Rel. Carmichael v. JonesSupreme Court of Alabama · 1949
- Bell v. Clinton Oil MillSupreme Court of South Carolina · 1924
- Gulledge v. YoungSupreme Court of South Carolina · 1963
- Cunningham v. Independence InsuranceSupreme Court of South Carolina · 1937
- Romanus v. BIGGSSupreme Court of South Carolina · 1950
10 more not listed; retrieve them via the Exa API.