Mauldin v. Council of Greenville

Citations

• 33 S.C. 1
• 8 L.R.A. 291
• 11 S.E. 434
• 1890 S.C. LEXIS 93

Syllabus

<p>1. If the point, that an action by taxpayers to restrain a municipal corporation from issuing bonds can be maintained only in the name of the State on the relation of the complainants, is not waived by failing to urge such objection by answer or demurrer, the court will add the necessary formula at any stage of the case, as the State never refuses the use of its name in such cases.</p> <p>2. Individual taxpayers of a municipal corporation may maintain an action in the name of the State, on their relation, to restrain unauthorized acts by the municipal authorities, but they may also, without alleging special damages to themselves individually, sue in their own names in equity, to enjoin the contemplated illegal action.</p> <p>3. After a city, under special acts of the legislature, had incurred a bonded 'debt of §70,600, for aiding railroad construction, a new charter was granted which limited its power “to borrow money for the public use of the corporation by issuing bonds for an amount not exceeding §] 00,000,” and the city council were directed “never in any form to make the city liable for exceeding that amount in the aggregate.” Held, that this power to borrow money and issue bonds was exclusive of the pre-existing indebtedness.</p> <p>4. Where a city has power under its charter to purchase and hold property, real and personal, and to establish such ordinances respecting the streets and police department as shall appear necessary for the security and convenience of said city and for preserving life and property therein, and for securing the peace and good government of the same, the city has the express power to purchase, and implied power to operate, an electric light plant, so far as it is used for lighting the streets and public buildings of the city; but so far as it is used for furnishing light to private residences and places of business at a compensation, it is not for the public use of the corporation, and therefore its purchase and maintenance is to t