State v. Broad River Power Co.

State v. Broad River Power Co. Et Al.

State v. Broad River Power Co., 181 S.E. 41 (S.C. 1935)

Court: Supreme Court of South Carolina · State Highest Courts
Decided: July 22, 1935
Docket: No. 14114
Judges: Baker, Stabler, Messrs, Bonha, Eishburne, Carter
Citations: 181 S.E. 41177 S.C. 2401935 S.C. LEXIS 41

Cited by 18 1 descriptions by later courts

Opinion of the Court — Baker

The opinion of the Court was delivered by Mr. Justice Baker.

*274 This is an appeal from order of Circuit Court sustaining demurrer of respondents to complaint of appellant.

Respondents take the position that appellant’s Exceptions 1, 2, 3, and 5 (a) should not be considered as they are in violation of Section 6 of Rule 4 of this Court. However, this case involves a controversy which has consumed considerable time of both the legislative and judicial branches of the State, and for this reason the Court has considered the entire matter. It is not amiss to call attention to the fact that Exception 4 and subdivisions (b) and (c) of Exception 5 are directed to grounds of the demurrer which were overruled by the Circuit Judge.

The order of the able Circuit Judge sustaining the demurrer to the complaint of appellant shows exhaustive study, and careful and painstaking thought, and is entirely satisfactory to this Court. Let the said order be printed as the judgment of this Court, and for a complete understanding of the issues involved, the complaint, but not the “Exhibits,” which are public statutes, and the grounds of the demurrer should also be incorporated in the report of the case, and it is so ordered.

The order appealed from is affirmed.

Mr. Chief Justice Stabler and Messrs. Justices Bonha.m and Eishburne concur.

Mr. Justice Carter concurs in result.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(vendee is in privity with its vendor)

S.C. Dep't of Soc. Servs. v. Winyah Nursing Homes, Inc., 320 S.E.2d 464 (S.C. Ct. App. 1984)

Cited by 18 cases

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Relies on it most ⓘ

Abbeville County School Dist. v. State515 S.E.2d 535 (S.C. 1999)
South Carolina ex rel. Maybank v. South Carolina Electric & Gas Co.41 F. Supp. 111 (D.S.C. 1941)
Chitwood v. South Carolina Electric & Gas Co.51 F. Supp. 486 (E.D.S.C. 1943)
Segars-Andrews v. Judicial Merit Selection Commission691 S.E.2d 453 (S.C. 2010)
State v. Hill444 S.E.2d 255 (S.C. 1994)
Campbell v. Jordan73 F. Supp. 318 (E.D. Cal. 1947)

Most recent

Segars-Andrews v. Judicial Merit Selection Commission691 S.E.2d 453 (S.C. 2010)
Abbeville County School Dist. v. State515 S.E.2d 535 (S.C. 1999)
State v. Hill444 S.E.2d 255 (S.C. 1994)
Nichols v. South Carolina Research Authority351 S.E.2d 155 (S.C. 1986)
Masters v. Rodgers Development Group, S. C., Inc.321 S.E.2d 194 (S.C. Ct. App. 1984)
South Carolina Department of Social Services v. Winyah Nursing Homes, Inc.320 S.E.2d 464 (S.C. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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