Chapman v. City Council of Charleston

Citations

• 28 S.C. 373
• 6 S.E. 158
• 1888 S.C. LEXIS 66

Syllabus

<p>1. The judgment of the Circuit Court may be affirmed upon grounds other than those upon which it is based, but it may not be reversed upon a ground which was neither taken nor considered in the court below, unless such ground be one of jurisdiction.</p> <p>2. If the plaintiffs are not referred to in the complaint with sufficient distinctness, a motion to make the complaint more definite, and not demurrer, is the proper remedy.</p> <p>3. A complaint demanding an accounting by defendant corporation for stock illegally transferred, does not fail to state facts sufficient to constitute a cause of action in omitting to allege a specific description of the stock and a demand for its retransfer.</p> <p>4. Query. Is a municipal corporation liable for a tort committed by its authority by reason of some malfeasance or misfeasance in the performance of some duty which is not of a public, but only of a private, nature ?</p> <p>5. An action against a municipal corporation for an account of the value of certificates of stock transferred otherwise than as agreed upon in the certificates themselves, is an action ex contractu and not an action of tort.</p> <p>6. A municipal corporation is liable for an illegal transfer of stock by its officers or agents.</p>