Gilmer v. Hunnicutt

Citations

• 57 S.C. 166
• 35 S.E. 521
• 1900 S.C. LEXIS 35

Syllabus

<p>1. Injunctions — Jurisdiction.—This Court has original jurisdiction to issue writs of injunction.</p> <p>2. Constitution — Highways—Oconee County — County Commissioners. — The Act (20 Stat, 1215,) authorizing county commissioners of Oconee County to change highway, and providing for assessment of damages to land-owner, is not contrary to Constitution of 1868, in depriving a land-owner of his land without trial by jury, nor to 5U1 amendment and sec. 1 of 14th amendment of U. S. Constitution, as to due process of law.</p> <p>3. Injunction refused, because of plaintiff’s delay and laches.</p> <p>4. Highway. — Mandamus will not lie to compel county commissioners to work an abandoned highway, where it is not shown that the highway has not been abandoned according to the method prescribed in such cases.</p>