Legal Opinion

Sullivan v. City Council of Charleston

Supreme Court of South Carolina

Decided February 8, 1923No. 11136PublishedCited by 7 opinions

Before Wilson, J., Charleston, October, 1922. Suits for injunction against the City Council of Charleston by Lucy C. Sullivan to restrain the issuance of bonds, and by Henry A. M. Smith to restrain collection of a drain assessment. The cases were heard together, and, from the judgment dismissing the complaints and refusing the injunctions, the plaintiffs appeal.

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Before Wilson, J., Charleston, October, 1922. Suits for injunction against the City Council of Charleston by Lucy C. Sullivan to restrain the issuance of bonds, and by Henry A. M. Smith to restrain collection of a drain assessment. The cases were heard together, and, from the judgment dismissing the complaints and refusing the injunctions, the plaintiffs appeal. The decree of Judge Wilson in the trial Court follows : The above two cases were heard by me, and, as the objections raised in Subdivision 2 of Allegation 5 of the Sullivan suit involves the question raised in the Smith suit, it was…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] February 8, 1923. The opinion of the Court was delivered by These two cases were heard by consent together by Hon. John S. Wilson, Circuit Judge, at the October term, 1922, of the Court of Common Pleas for Charleston County.

It appears that they were heard upon the pleadings, certain exhibits, and certain admissions, which are set forth in the circuit decree, which will be reported.

The cases are very different in their facts and purposes, having, as I understand,…

2Cases cited18 opinions

  1. Phillip Wagner, Inc. v. LeserSupreme Court of the United States · 1915
  2. City of Seattle v. KelleherSupreme Court of the United States · 1904
  3. Howell v. . the City of BuffaloNew York Court of Appeals · 1867
  4. Hall v. Street CommissionersMassachusetts Supreme Judicial Court · 1901
  5. Brevoort v. City of DetroitMichigan Supreme Court · 1872

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3Cited by7 opinions

  1. Green v. City of Rock HillSupreme Court of South Carolina · 1929
  2. Ballentine v. City of ColumbiaSupreme Court of South Carolina · 1924
  3. Dalton v. Town Council of Mt. PleasantSupreme Court of South Carolina · 1963
  4. City of Orangeburg v. Southern Ry. Co.District Court, E.D. South Carolina · 1944
  5. Platt v. City of ColumbiaSupreme Court of South Carolina · 1925

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