Supreme Court of South Carolina, 1928

Dillon Catfish Drainage District v. Bank of Dillon

Dillon Catfish Drainage District v. Bank of Dillon
Supreme Court of South Carolina · Decided January 9, 1928 · Brease, Watts, Messrs, Cothran, Stabler, Carter
141 S.E. 274; 143 S.C. 178; 1928 S.C. LEXIS 9 (South Eastern Reporter)

Counsel

Messrs. Lide McCandlish , for appellant, cite: Legislature has power to constitute a drainage district a political subdivision: 137 S.C. 496 . A drainage district, formed . Messrs. Gibson Muller , for respondent, cite: Issuance of bonds creates a primary obligation: Secs. 3250, 3260, Code; 72 S.E., 996 ; 5 A. E. Ann. Cas., 196; 42 A.L.R., 1027; 40 A.L.R., 1344; 208 Pac., 27; 228 Pac., 236; 42 A.L.R., 1187; 248 Fed., 269. Court has no right to go behind the findings of the Legislature: 41 L.Ed., 369 ; 60 L.Ed., 273 ; 69 L.Ed., 355; 137 S.C. 496 . Distinction between the taking of property for a public purpose and the taking without due process of law: 2 A.L.R., 609; 93 N.E., 228; 46 N.E., 437; 72 N.W., 1091; 66 S.W. 163. Legislative power to assess property: 43 L.Ed., 443 ; 31 L.Ed., 763 ; 137 S.C. 496 .

Dillon Catfish Drainage District v. Bank of Dillon

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Brease.

The decree of his Honor, Judge M. M. Mann, which will be reported, states fully the facts of this cause, and the conclusions reached by him are satisfactory to this Court.

It is therefore ordered that the decree appealed from be and the same is hereby affirmed.

*193 Mr. Chief Justice Watts and Messrs. Justices Cothran, Stabler, and Carter concur.

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