Legal Opinion

Mauldin v. Council of Greenville

Supreme Court of South Carolina

Decided April 21, 1890PublishedCited by 23 opinions

Before Hudson, J., Greenville, June, 1889. This was an action by W. L. Mauldin and four others, citizens and taxpayers of the city of Greenville, against its city council to restrain the issue of municipal bonds.

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Before Hudson, J., Greenville, June, 1889. This was an action by W. L. Mauldin and four others, citizens and taxpayers of the city of Greenville, against its city council to restrain the issue of municipal bonds. The Circuit decree was as follows: The plaintiffs, as citizens and taxpayers of the city of Green-ville, have instituted this action to restrain the city council from purchasing and operating an electric light plant to light the streets and public buildings of the city, and from using the same for lighting private residences and places of business. They also asked to enjoin the…

1Opinion of the Court

The opinion of the court was delivered by

MR. Justice McGowaN.

The plaintiffs, as citizens and taxpayers of the city of Greenville, instituted this, proceeding, to restrain the city council from purchasing and operating an electric light plant, to light the streets and public buildings of the city, and from using the same for lighting private residences ; and also to enjoin the council from issuing bonds of the corporation in payment therefor, upon the grounds substantially stated by the Circuit Judge as follows: “First. Because the city charter,, confers no authority on the council to purchase…

2Cases cited5 opinions

  1. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  2. Ottawa v. CareySupreme Court of the United States · 1883
  3. Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
  4. City of New London v. BrainardSupreme Court of Connecticut · 1852
  5. McMillan v. Lee CountySupreme Court of Iowa · 1856

3Cited by23 opinions

  1. Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
  2. Sloan v. Greenville CountyCourt of Appeals of South Carolina · 2003
  3. Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
  4. Jacksonville Electric Light Co. v. City of JacksonvilleSupreme Court of Florida · 1895
  5. Park v. Greenwood CountySupreme Court of South Carolina · 1934

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