Supreme Court of South Carolina, 1910

People's Bank v. Greenville County

Supreme Court of South Carolina · Decided March 17, 1910 · Jones

67 S.E. 296; 85 S.C. 297; 1910 S.C. LEXIS 241 (South Eastern Reporter)

Counsel

Mr. Jos. A. McCullough , for appellant, cites: The provision in the Constitution of 1868, upon which Jennings v. Abbeville County, and other cases, was bottomed, was repealed and no such provision incorporated in the Constitution of 1895, and that under said Constitution the Court of Common Pleas has jurisdiction in all civil cases: Constitution, 1895, art. VII, sec. 9, art. V, Sec. 15; Code, 1902, 529; Con., 1868, art. IV, sec. 19; 20 Stat., 649; 24 S.C. 544 ; Code, 1902, 1347. Messrs. Hodges Daniel , contra, cite: The Court of Common Pleas has no jurisdiction of this cause: 81 S.C. 201 ; 40 S.C. 276 ; 24 S.C. 543 ; Con., 1868, art. IV, secs. 15, 19; Con., 1895, art. V, sec. 1. County cannot be sued without permission given: 20 S.C. 116 ; 42 S.C. 17 ; 24 S.C. 548 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Jones.

The appeal is from an order sustaining a demurrer to a complaint in which a creditor of Greenville county sues the county upon a contract.

*299 The sole question is whether the Court of Common Pleas has original jurisdiction in a suit against a county based upon a contract.

Appellant concedes that the case of Cunninghim v. Clarendon County, 81 S. C., 201, 62 S. E., 212, is conclusive of the question and requests that the case be overruled.

After consideration we adhere to the rule stated in that case.

The judgment of the Circuit Court is affirmed.

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