Jennings v. Abbeville County

Citations

• 24 S.C. 543
• 1886 S.C. LEXIS 77

Syllabus

<p>1. Under the constitution of 1868 and the laws since passed, the hoard of county commissioners have exclusive jurisdiction to audit and provide payment for county claims, subject to the right of appeal; and therefore no action upon such claims can be instituted against the county in the Court of Common Pleas.</p> <p>2. The board of county commissioners are the one administrative body of the county, with jurisdiction local but large, having original and' exclusive powers over all matters pertaining to county affairs.</p> <p>3. The powers and duties of the board of county commissioners under the constitution of 1868 and the laws passed in pursuance thereof, considered and declared.</p> <p>4. A county may be sued, but if upon a county claim it must be done before the board of county commissioners by filing the claim for audit; for certain causes of action ex delicto, the suit may be maintained in the Court of Common Pleas.</p> <p>5. The board of county commissioners was created by the constitution as a new body with certain local powers and for certain special purposes, and in such case the powers given and the mode and manner of their exercise are in their nature exclusive.</p>