Legal Opinion

Beaudrot v. Murphy

Supreme Court of South Carolina

Decided August 6, 1898PublishedCited by 6 opinions

Before Aedrich, J., Greenwood, December, 1897. Action by M. A. Beaudrot v. H. H. Murphy, for injunction. Prom judgment for plaintiff, defendant appeals. cite: Sections 1175 to 1180 not annulled by Constitution of 1895: 14 S. C.. 424: Rev. Stat., 1179; 52 S. C., 127; 1 McC., 238; 3 DeS., 466; 15 S. C., 593. Injunction could not be granted against defendant after way laid otit: Rev. Stat., 1177; 9 S. C., 303; Rich. Eq. Cases, 143; 10 Rich.

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Before Aedrich, J., Greenwood, December, 1897. Action by M. A. Beaudrot v. H. H. Murphy, for injunction. Prom judgment for plaintiff, defendant appeals. cite: Sections 1175 to 1180 not annulled by Constitution of 1895: 14 S. C.. 424: Rev. Stat., 1179; 52 S. C., 127; 1 McC., 238; 3 DeS., 466; 15 S. C., 593. Injunction could not be granted against defendant after way laid otit: Rev. Stat., 1177; 9 S. C., 303; Rich. Eq. Cases, 143; 10 Rich. Eq., 308; 29 S. E. R., 428. Court created by stahite, with jurisdiction prescribed by stahite, cannot be restrained by Court of Equity: 9 S. C., 308; 14 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

H. H, Murphy, under a supposed right to do so, began tearing down the fencing of Mrs. M. A. Beaudrot, in the town of Greenwood, in this State, which fencing enclosed her lands in said town. Mr. Murphy based his right to molest the property rights of Mrs. Beaudrot not because he was the owner thereof, but because, under sections 1175 to 1180 of the Revised Statutes of this State, he conceived that he could obtain a right of way from his dwelling house over the lands of Mrs. Beaudrot, without her giving him any consent therefor; when, in…

2Cited by6 opinions

  1. Brasington v. WilliamsSupreme Court of South Carolina · 1927
  2. State Ex Rel. Lyon v. State Dispensary CommissionSupreme Court of South Carolina · 1908
  3. Vargas v. GreerArizona Supreme Court · 1942
  4. Silcox & Co. v. JonesSupreme Court of South Carolina · 1908
  5. Clemson University v. First Provident Corp.Supreme Court of South Carolina · 1973

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