Connor v. Green Pond, Walterboro & Branchville Railroad

Citations

• 23 S.C. 427
• 1885 S.C. LEXIS 119

Syllabus

<p>1. An act entitled “an act to incorporate the Green Pond, Walterboro and Branchville Raihvay Company” does not relate to more than- the one subject expressed in its title (Const., art II., $ 20), even though the act contains, besides the charter, provisions authorizing the County of Colleton to subscribe in county bonds to the capital stock of this company, upon certain conditions, such as petition for election, election, &c., and providing for a tax to pay interest on the bonds so issued.</p> <p>2. The county commissioners having determined that the conditions precedent to a railroad subscription had been complied with, and having issued to the railroad company county bonds in payment therefor, in action by taxpayers of the county to compel the cancellation of these bonds upon the ground that the conditions precedent had not been complied with, the burden of proof is upon the plaintiffs. They must show in such action, that the' county commissioners acted without authority, or exceeded it.</p> <p>3. Findings of fact by the Circuit Judge not disturbed.</p> <p>4. Whether in a case like this the railroad company occupy the position of bona fide holders for value of the bonds issued to them, not considered.</p>