Legal Opinion

Bray v. City Council

Supreme Court of South Carolina

Decided October 7, 1901Published

Petition in the original jurisdiction of this Court for injunction against issuing municipal bonds, by Charles D. Bray against Wm. PI.

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Petition in the original jurisdiction of this Court for injunction against issuing municipal bonds, by Charles D. Bray against Wm. PI. Malloy, mayor, arid J. J. Brown and others, aldermen, constituting the city council of the city of Florence. cites: Petitioner being resident taxpayer, has status here: 59 S. C., 534. Proposed issue carries bonded debt of city beyond constitutional limits: Sec. 7, art. VIII., Con.; sec. 5, art. X., Con.; 60 S. C., 532. No registration of voters before special election as to issuing bonds was had, and that invalidates the election: Art. II., secs. 12 and 13,…

1Opinion

This is a petition addressed to the Supreme Court, in the exercise of its original jurisdiction, to enjoin the respondents from issuing and delivering the bonds therein mentioned. The facts alleged in the petition and admitted in the return of the respondents are thus briefly stated by the petitioner's attorney: "The petitioner, Chas. D. Bray, is a resident citizen and taxpayer of the city of Florence, as shown by the tax books thereof, and is a qualified elector therein. The city of Florence is a municipal corporation under the laws of the State, and the respondents are the duly qualified…

2Cases cited3 opinions

  1. People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
  2. Ex parte Harrington & Hubbell v. Trustees of the Village of RochesterNew York Supreme Court · 1833
  3. State ex rel. Attorney-General v. HagoodSupreme Court of South Carolina · 1879

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