Legal Opinion

Milster v. City of Spartanburg

Supreme Court of South Carolina

Decided December 8, 1903PublishedCited by 10 opinions

Proceeding in the original jurisdiction of this Court by petition by J. H. Milster and A. J. Abbott against city of Spartanburg and Spartan Mills for mandamus. cite: As to powers of the city council: Con., art. IX., sec. 8; art. VIII., sec. 8; 23 S. C., 62; 60 Mo., 124; 20 Wall., 655; 106 U. S., 487; 16 Wall., 678; Dill, on Mun.

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Proceeding in the original jurisdiction of this Court by petition by J. H. Milster and A. J. Abbott against city of Spartanburg and Spartan Mills for mandamus. cite: As to powers of the city council: Con., art. IX., sec. 8; art. VIII., sec. 8; 23 S. C., 62; 60 Mo., 124; 20 Wall., 655; 106 U. S., 487; 16 Wall., 678; Dill, on Mun. Corp,, sec. 105b; 21 S. C., 560 ; 16 S. C., 32. As to estoppel — acquiescence—ratification — laches: 23 S. C., 69; Bish. on Con., 369; 9 A. & E. Cor. Cas., 451; 60 S. C., 474; 3 Pom. Eq. Jur., sec. 1095; 27 E. R. A., 100. Back taxes should be levied on State…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

J. H. Milster and A. J. Abbott, as residents and taxpayers of the city of Spartanburg, by their petitions filed in this Court, ask that a writ of mandamus be issued to compel the city of Spartanburg to assess unpaid taxes against Spartan Mills for thirteen years, beginning with 1890 and including- 1902, amounting to $52,226.06, and to require Spartan Mills to pay the amount' so assessed. The petitions have been consolidated, and no separate discussion of them is necessary.

Jas. Y. Culbreath, Esq., was appointed referee to take the…

2Cases cited6 opinions

  1. Bristol v. Washington CountySupreme Court of the United States · 1900
  2. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
  3. Lord v. BatesSupreme Court of South Carolina · 1897
  4. State ex rel. Gruber v. KnightSupreme Court of South Carolina · 1889
  5. Garrison v. City of LaurensSupreme Court of South Carolina · 1899

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3Cited by10 opinions

  1. Board of Commissioners v. MontgomerySupreme Court of Georgia · 1930
  2. Farrow v. City Council of CharlestonSupreme Court of South Carolina · 1933
  3. Godwin v. CarriganSupreme Court of South Carolina · 1955
  4. Brackenbrook North Charleston, LP v. County of CharlestonSupreme Court of South Carolina · 2004
  5. City of Parkersburg v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1923

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