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Jennings v. Sawyer

Jennings Et Al. v. Sawyer, Et Al.

Jennings v. Sawyer, 189 S.E. 743 (S.C. 1937)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
January 18, 1937
Docket
No. 14416
Judges
Stabler, Messrs, Carter, Bonham, Baker, Fishburne
Citations
189 S.E. 743182 S.C. 4271937 S.C. LEXIS 71

Opinion of the Court — Stabler

The opinion of the Court was delivered by Mr. Chief Justice Stabler.

On the hearing of the appeal in this case, counsel for appellants persuasively argued the two questions stated. We think, however, from a careful study of *441 the entire matter, to which we have given much time and consideration, that the Circuit Judge, under the decisions cited by him, correctly answered and disposed of these questions, as well as all others raised in the Court below. Very little, if anything can be added to what he has said without the risk of unnecessary repetition. As we have held, the power of eminent domain resides in the state of right and by necessity, and the General Assembly may prescribe how this right should be exercised. The South Carolina State Highway Department is a department of the State government created for a special purpose, and a suit against it is “actually a suit against the State.”

Fann v. State Highway Department, 155 S. C., 219, 152 S. E., 429, 430 . If any change in the procedure complained of by the appellants is desirable, the matter is one for the attention of the legislature.

The Circuit Court’s decree, which will be reported, is affirmed.

Messrs. Justices Carter, Bonham, Baker and Fishburne concur.

How later courts describe this case

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

1956: 11959: 11963: 11985: 12023: 119562026peak 1956 · 1

Relies on it most ⓘ

  1. McCall ex rel. Andrews v. Batson329 S.E.2d 741 (S.C. 1985)
  2. Smith v. City of Greenville92 S.E.2d 639 (S.C. 1956)
  3. Ex Parte Wessinger111 S.E.2d 13 (S.C. 1959)
  4. South Carolina State Highway Department v. Schrimpf131 S.E.2d 44 (S.C. 1963)
  5. M. Baron Stanton v. Town of Pawleys IslandNo. 2021-000757 (S.C. Ct. App. Feb. 8, 2023)

Most recent

  1. M. Baron Stanton v. Town of Pawleys IslandNo. 2021-000757 (S.C. Ct. App. Feb. 8, 2023)
  2. McCall ex rel. Andrews v. Batson329 S.E.2d 741 (S.C. 1985)
  3. South Carolina State Highway Department v. Schrimpf131 S.E.2d 44 (S.C. 1963)
  4. Ex Parte Wessinger111 S.E.2d 13 (S.C. 1959)
  5. Smith v. City of Greenville92 S.E.2d 639 (S.C. 1956)

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 1

DepthCaseCited by
Fann v. State Highway Dep't, 152 S.E. 429 (S.C. 1930) 8

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