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66 S.C. 344

44 S.E 938

Allen v. Adams

Supreme Court of South Carolina

Decided May 27, 1903

Supreme Court of South Carolina · decided 1903-05-27

Petition in the original jurisdiction of this Court by J. H. Allen for injunction against the town council of Edgefield, to restrain them from issuing bonds for the erection of a school building. The amended petition is as follows: “First. That your petitioner is a citizen of the county of Edgefield, in the said State; and is a resident and taxpayer in the town of Edgefield, situate in said county and State. “Second.

Cited by 2 later decisions — most recently March 1964

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1903-05-27

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Mr. Justice Gary

¶1 concurring. I concur in the opinion of Mr. Justice Jones for the following reasons: The allegations of the amended petition (which are not denied) show that the' issuance of the bonds is for a public purpose. It is reasonably to be expected that the erection of a school house will be of benefit to the municipality, and while the question whether the erection of a school house by this municipality is a corporate purpose is not. free from doubt, nevertheless the constitutionality of the act should be sustained, unless it *357 should clearly appear beyond all reasonable doubt that the act contravened the provisions of the Constitution.

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