Legal Opinion

City of Greenville v. Foster

Supreme Court of South Carolina

Decided July 8, 1915No. 9126PublishedCited by 5 opinions

Before Mauudin, J.,' Greenville, William Foster was convicted in the recorder’s Court of violating an ordinance of the city of Greenville, and he appealed to the Circuit Court.

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Before Mauudin, J.,' Greenville, William Foster was convicted in the recorder’s Court of violating an ordinance of the city of Greenville, and he appealed to the Circuit Court. From the judgment upholding the conviction, defendant appeals on the following exceptions: 1. Because the Circuit Judge erred in holding that the recorder of the city of Greenville had. jurisdiction to try the defendant and that said Court was properly constituted, the error being that as the said Court was created by the city council of Greenville under the authority of the legislature, the Circuit Judge should have…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

This is an appeal from the order of his Honor, the Circuit Judge, sustaining the constitutionality of the municipal Court of the city of Greenville. The following facts appear in said order:

“Defendant was tried before the recorder of the city of Greenville and a jury on five charges of selling whiskey in violation of the city ordinances. Formal warrants were waived by the attorneys of defendant, but it was conceded in the argument before me that at the trial before the recorder that counsel for the city and for defendant agreed…

2Cases cited1 opinion

  1. State v. KellySupreme Court of South Carolina · 1911

3Cited by5 opinions

  1. Clarke v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1935
  2. Santee Mills v. QuerySupreme Court of South Carolina · 1922
  3. Glymph v. Smith, ComptrollerSupreme Court of South Carolina · 1933
  4. Mills Mill v. HawkinsSupreme Court of South Carolina · 1957
  5. Mills Mill v. HawkinsSupreme Court of South Carolina · 1957

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