Bouknight v. Davis

Citations

• 33 S.C. 410
• 12 S.E. 96
• 1890 S.C. LEXIS 162

Syllabus

<p>1. A Circuit Judge in open court has jurisdiction to dissolve a temporary injunction granted before the defendant, who moves to dissolve, had been made a party, especially where the temporary injunction was to continue until the further order of the court, with leave to the new' parties thereby permitted to be added to move for a dissolution.</p> <p>2. It cannot be said that plaintiffs were not permitted to go to trial on the merits where the temporary injunction previously granted in their favor was dissolved upon a ground w'hich was decisive of the wrholo case.</p> <p>3. Where a tax is imposed by the sovereign authority of the legislature to pay for township bonds w'hich were issued in aid of railroads by the expressed consent of the people of such townships, and such consent, expressed at an election held for the purpose, is conceded in the pleadings, it matters not w'hether the formalities prescribed by a former unconstitutional act of the legislature for the ordering of such election were fully complied with ; the debt so imposed is a valid debt of the townships under the express terms of the act imposing it.</p> <p>4. State v. Whitesides, 30 S. C., 579, and State v. Neely, Ibid., 587, approved.</p>