Jennings v. Sawyer
Jennings Et Al. v. Sawyer, Et Al.
Opinion of the Court
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.
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("[I]n the absence of statutory authority, the condemnor may abandon the property condemned at any time before taking actual possession and entering thereupon.")
Cited by 5 cases
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