Beattie v. City Council of City of Greenville

Citations

• 113 S.C. 541
• 102 S.E. 751

Syllabus

<p>1. Judgment — Decision as to Authority of Fire Commissioners Heed Not Res Adjudicata in Action to Enjoin Board. — Judgment for plaintiff in suit by a citizen and taxpayer of the city of Greenville to enjoin the city council from exercising authority to purchase supplies for the fire department, and to determine that such authority was vested in the board of fire commissioners created under Act February 16, 1903 (24 St. at Large, p. 242), held not res adjudicata of suit by other citizens and taxpayers to enjoin the board of fire commissioners from attempting to exercise any authority in the matter after the enabling statute had been superseded.</p> <p>2. Municipal Corporations — Reincorporation Under General Law Superseded Old Charter. — Reincorporation, under Civ. Code 1912, sections 2893-3097, of the city of Greenville, originally chartered under an act approved December 22, 1885 (19 St. at Large, p. 106), superseded the old charter and Act February 16, 1903 (24 Stat. Large, p. 242), which gave the board of fire commissioners thereby created authority to purchase supplies for the. fire department; such act having amounted only to an amendment of the old charter.</p>