Walpole v. City Council

Citations

• 32 S.C. 547
• 11 S.E. 391
• 1890 S.C. LEXIS 86

Syllabus

<p>1, Plaintiffs sued for certain assets vested in them by a joint resolution of the legislature, and the answer made the point that this joint resolution was unconstitutional, and at the trial the defendants orally objected that the complaint did not state facts sufficient to constitute a cause of action. Held, that the right of plaintiffs to recover these assets under this joint resolution was properly considered and adjudicated.</p> <p>2. All navigable cuts being by law public highways, and jurisdiction over highways having been vested in the board of county commissioners by the Constitution of 1868, jurisdiction over such a cut could not be granted to any other body, and therefore a joint resolution which purported to confer upon a special board all the rights and power’s which had belonged to a like board of commissioners of a navigable cut prior to 1868, is unconstitutional.</p>