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Home Building & Loan Ass'n v. City of Spartanburg

HOME BUILDING & LOAN ASS’N v. CITY OF SPARTANBURG ET AL. (Case No. 2)

Home Bldg. & Loan Ass'n v. City of Spartanburg, 194 S.E. 139 (S.C. 1937)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
November 10, 1937
Docket
No. 14567
Judges
Fishburne, Citiee, Stabeer, Messrs, Bonham, Baker, Carter
Citations
194 S.E. 139185 S.C. 3131937 S.C. LEXIS 40

Opinion of the Court — FishburnE

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

This case, instituted in the original jurisdiction of this Court, is here upon exceptions of the plaintiff to the report of Hon. W. C. Cothran, Special Referee, to whom it was referred. In our opinion, his well-considered report correctly disposes of the questions involved in the case, and we adopt it as the opinion of this Court. The report will be reported. While the exceptions are overruled, the plaintiff is entitled to the relief prayed for in its complaint upon the issues not passed upon by the Special Referee, but which have been determined in its favor by this Court, in the case heard by Judge Oxner. 194 S. E., 143 .

A permanent injunction will, therefore, be issued, enjoining and restraining the City of Spartanburg, its agents and servants, from making conveyance of the property described in the complaint to the City of Spartanburg, or to any other person.

Mr. Citiee Justice StabeEr and Messrs. Justices Bonham and Baker concur.

Mr. Justice Carter did not participate on account of illness.

How later courts describe this case

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

Cited by 22 cases

View all citing references →
1937: 11939: 11942: 21943: 11944: 11948: 11949: 11955: 21966: 11969: 11976: 11978: 11979: 21984: 31986: 12001: 12016: 119372026peak 1984 · 3

Relies on it most ⓘ

  1. South Carolina Department of Consumer Affairs v. Rent-a-Center, Inc.547 S.E.2d 881 (S.C. Ct. App. 2001)
  2. Easterby-Thackston, Inc. v. Chrysler Corp.477 F. Supp. 954 (D.S.C. 1979)
  3. Schumacher v. Chapin88 S.E.2d 874 (S.C. 1955)
  4. University of South Carolina v. Batson246 S.E.2d 882 (S.C. 1978)
  5. C. & S. SYSTEMS INC. v. SC Tax Com.311 S.E.2d 717 (S.C. 1984)
  6. Koola v. Cambridge Two, LLCNo. 2016-UP-485 (S.C. Ct. App. Nov. 23, 2016)

Most recent

  1. Koola v. Cambridge Two, LLCNo. 2016-UP-485 (S.C. Ct. App. Nov. 23, 2016)
  2. South Carolina Department of Consumer Affairs v. Rent-a-Center, Inc.547 S.E.2d 881 (S.C. Ct. App. 2001)
  3. City of Newberry v. THE PUB. SERV. COMM. OF SC339 S.E.2d 124 (S.C. 1986)
  4. Garris v. Cincinnati Insurance311 S.E.2d 723 (S.C. 1984)
  5. C. & S. SYSTEMS INC. v. SC Tax Com.311 S.E.2d 717 (S.C. 1984)
  6. Citizens & Southern Systems, Inc. v. South Carolina Tax Commission311 S.E.2d 717 (S.C. 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 1

DepthCaseCited by
Home Bldg. & Loan Ass'n v. City of Spartanburg, 194 S.E. 143 (S.C. 1937) 8

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