State ex rel. Brown v. C. & L. R. R.

Citations

• 13 S.C. 290
• 1880 S.C. LEXIS 52

Syllabus

<p>1. A judgment upon the merits dismissing ail action brought by certain taxpayers of a county against the count)’commissioners to enjoin the issue by them of certain railroad aid bonds, is an estoppel to a subsequent action after the bonds have been issued, brought in the name of the state upon the relation of certain other taxpayers of the same county, against the county commissioners, the railroad company and purchasers of the bonds, to have the bonds adjudged illegal and void.</p> <p>2. A county having issued certain railroad aid bonds after a decree of the court had determined that the county had the power .to do so, all persons purchasing such bonds become privies to the decree, and may rely upon its estoppels. Qelpcke v. City of Dubuque, 1 Wall. 175, referred to.</p> <p>3. A statement in State, ex rel. Harris, v. Robertson, county treasurer, MS. Dec., Nov., 1877, explained; and the dissenting opinion in Glenn v. County Commissioners, 6 S. C. 412, approved.</p> <p>4. In our state constitution there is no restriction which deprives the legislature of the power to authorize counties to incur obligations and issue bonds for their payment.</p>