Supreme Court of South Carolina, 1937

Jennings v. Sawyer

Supreme Court of South Carolina · Decided January 18, 1937 · Stabler, Messrs, Carter, Bonham, Baker, Fishburne

189 S.E. 743; 182 S.C. 427; 1937 S.C. LEXIS 71 (South Eastern Reporter)

Counsel

Messrs. Jennings Jennings, Marion B. Jennings and John W. Jennings , for appellants, cite: Appeal: 185 S.E., 165 ; 119 S.E., 319; 112 S.E., 55 ; 11 S.C. 122 ; 34 S.C. 345 ; 13 S.E., 530 ; 8 S.C. 112 . Messrs. John M. Daniel , Attorney General, J. Ivey Humphrey and M.J. Hough , Assistant Attorneys General, for respondents, cite: Adequate remedy at law: Secs. 5813, 5921, 5922, 5923, 5924, Code 1932; 86 S.C. 396 ; 159 S.C. 481 ; 157 S.E., 927 ; 10 R.C.L., 228. Eminent domain: 110 S.C. 36 ; 96 S.E. 545 ; 91 U.S. 371 ; 23 L.Ed., 449 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

On the hearing of the appeal in this case, counsel for appellants persuasively argued the two questions stated. We think, however, from a careful study of *441 the entire matter, to which we have given much time and consideration, that the Circuit Judge, under the decisions cited by him, correctly answered and disposed of these questions, as well as all others raised in the Court below. Very little, if anything can be added to what he has said without the risk of unnecessary repetition. As we have held, the power of eminent domain resides in the state of right and by necessity, and the General Assembly may prescribe how this right should be exercised. The South Carolina State Highway Department is a department of the State government created for a special purpose, and a suit against it is “actually a suit against the State.” Fann v. State Highway Department, 155 S. C., 219, 152 S. E., 429, 430. If any change in the procedure complained of by the appellants is desirable, the matter is one for the attention of the legislature.

The Circuit Court’s decree, which will be reported, is affirmed.

Messrs. Justices Carter, Bonham, Baker and Fishburne concur.

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