Legal Opinion

Kirk v. Board of Health

Supreme Court of South Carolina

Decided August 19, 1909No. 7281PublishedCited by 19 opinions

Before Aldrich, J., Aiken, February, 1909. Action by Mary V. Kirk against H. H. Wyman, M. D., et al., as the Board of Health of the City of Aiken.

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Before Aldrich, J., Aiken, February, 1909. Action by Mary V. Kirk against H. H. Wyman, M. D., et al., as the Board of Health of the City of Aiken. From Circuit order, temporarily restraining the board from removing the plaintiff to the pest house, the defendants appeal. cite: Ministerial acts of board of health should not be restrained: 67 S. C., 93; 54 S. C., 454; 73 S. C., 411; Code, 1902, 1099, 1100. Legislature may delegate power to municipality to pass such ordinance: 123 U. S., 623. Court can not consider if it is reasonable: 48 S. C., 570; 76 S. C., 129; 38 S. C., 495 ; 82 S. C., 141;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The board of health of the city of Aiken, after investigation, reached the conclusion that Miss Mary V. Kirk, a resident of the city, was afflicted with leprosy, contagious in its nature, and passed resolutions requiring her to be removed to the city hospital for infectious diseases. Thereupon Miss Kirk brought this action for injunction, alleging in her complaint that, although she is a victim of leprosy, it is of the kind known as amesthetic and not dangerous to the community; that she is a woman of culture and refinement, and that…

2Cases cited18 opinions

  1. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  2. Dobbins v. Los AngelesSupreme Court of the United States · 1904
  3. Minnesota v. BarberSupreme Court of the United States · 1890
  4. Blue v. BeachIndiana Supreme Court · 1900
  5. Chy Lung v. FreemanSupreme Court of the United States · 1876

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3Cited by19 opinions

  1. Clarke v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1935
  2. Liberian Community Association v. LamontCourt of Appeals for the Second Circuit · 2020
  3. People ex rel. Barmore v. RobertsonIllinois Supreme Court · 1922
  4. State v. FinneyIdaho Supreme Court · 1944
  5. People Ex Rel. Baker v. StrautzIllinois Supreme Court · 1944

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

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