Supreme Court of South Carolina, 1907

Duncan v. Heyward

Supreme Court of South Carolina · Decided September 24, 1907 · Jones

54 S.E. 760; 78 S.C. 227; 1907 S.C. LEXIS 238 (South Eastern Reporter)

Counsel

Messrs. Bellinger Welsh , for appellant, cite: Has the petitioner a right to bring this proceeding, or should it be brought in name of State? High. on Inj., 757, 793, 1547, 1557, 1533, 1556, 1237-8; 44 S.C. 256 . Is a proper case made for injunction? 67 S.C. 93 ; 75 S.C. 221 . Assistant Attorney General D.C. Ray and Mr. J.S. Muller , contra, cite: Is there error in the holding that the proceeding should be brought by the State? 64 S.C. 120 ; 30 S.C. 545 ; 54 S.C. 250 ; 18 N.Y., 159 ; 23 N.Y., 323;.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice; Jones.

The petition in each of these cases is addressed to the Justices of this Court, and seeks to enjoin the State Board of Education from entering into' certain contracts with certain publishers to furnish school books for the free public schools of the State.

Applications were made before Hon. C. A. Woods, Associate Justice, at chambers, for temporary injunctions, and he, on July 19th, 1906, in an opinion, published in 74 S. C., 560, rendered judgment refusing the temporary injunction sought. The petitioners appeal to this Court from 'said order on a number of exceptions which, with the cdmplaint and answer and order appealed from, will be set out in the report of this case.

After careful consideration, the exceptions are overruled, and the order of Associate Justice Woods is affirmed for the reasons therein stated.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.