Supreme Court of South Carolina, 1914

Weeks v. Bryant

Supreme Court of South Carolina · Decided September 22, 1914 · Hydrick

82 S.E. 988; 99 S.C. 8; 1914 S.C. LEXIS 77 (South Eastern Reporter)

Counsel

Mr. J. Stokes Salley , for appellant, cites: 83 S.C. 136 , 462 , 464 , 546 ; 93 S.C. 447 ; 1 Code of Laws 1912, sec. 3015; Const., art. II, sec. 11. Mr. Wm. L. Glaze , for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

1 The principal question in this case, which is raised by the first exception, is decided by the case of Herbert v. Griffith, 99 S. C. 1, 82 S. E. 986, recently filed.

2 The third exception is also sustained. The statute under which such bonds may be issued distinctly provides that, at the election for bonds, the commissioners of public works shall be elected, and prescribes their powers and duties. There is nothing in the act providing a commission form of government which expressly or impliedly abrogates that provision of the statute.

Judgment reversed.

Footnote. — The provisions for commissioners of public works in Civil Code, sec. 3015, where bonds are issued for the erection, construction, or purchase of waterworks, light or sewerage plants, were held inapplicable in case of bonds issued under Civil Code, sec 3050, for the enlarging or extension of such plants already installed, in Seegers v. Gibbes, Mayor, 72 S. C. 532, 52 S. E. 546. See argument of attorneys for respondent in Herbert v. Griffin, ante.

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