Alley v. Daniel, (No. 12777.)

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtSTABLER
Citation150 S.E. 691
PartiesALLEY . v. DANIEL et al.
Docket Number(No. 12777.)
Decision Date06 December 1929

150 S.E. 691

ALLEY .
v.
DANIEL et al.

(No. 12777.)

Supreme Court of South Carolina.

Dec. 6, 1929.


Original petition by J. C. Alley, as a citizen, taxpayer, resident, and freeholder of the Spartanburg Metropolitan District, on behalf of himself and all others similarly situated, against Thomas H. Daniel and others, constituting the Spartanburg Metropolitan District, to enjoin issue and sale of bonds. On demurrer to petition after rule to show cause why injunction should not issue. Injunction denied, and petition dismissed.

[150 S.E. 692]

H. K. Osborne and Thos. B. Butler, Jr., both of Spartanburg, for petitioner.

C. E. Daniel, of Spartanburg, for defendants.

STABLER, J. At its 1929 session, the Legislature passed an Act (36 St. at Large, p. 992), the title of which reads as follows: "An act to Create and Establish a Sewer District in Spartanburg County to be known as 'Spartanburg Metropolitan District, ' and to Define its Powers and Authority, and to Provide for the Government Thereof, and for the Issuance of Bonds to Provide Funds for Constructing and Establishing a System or Systems of Sewer and Sewerage Disposal for the Protection of Health in said District and the Establishment and Maintenance of Proper Sanitary Conditions Therein."

After creating the district and fixing its boundaries, the act provides for a governing body called a "commission, " and confers upon such body, for the accomplishment of the purposes of the law, power and authority to construct and operate two adequate main trunk lines in the district with sewerage disposal or treatment plants and to make contracts for the purpose of connecting existing sewers therewith, and to issue and sell bonds to an amount not exceeding $1,000, 000, upon the favorable result of an election to be held as provided by the act, etc. The statute also provides (and here the objection made by petitioner arises) that the city of Spartanburg, which lies within the boundaries of the district, is created as subdistrict A and required to connect its sewer system with the main trunk lines to be constructed by the commission; and the commission is further authorized and empowered to designate any community in the district, other than the city of Spartanburg, and having a sewer system now in existence, as a subdistrict, and to identify it alphabetically. The act also provides for the future creation of subdistricts within the district named, for the installation therein of lateral lines or sewer systems to be connected with the main trunk lines as future necessity may arise, such subdistricts being empowered, as corporate entities, to issue bonds or certificates of indebtedness, in the manner prescribed by the act, for any amount necessary for the construction and installation of such lateral lines. The government of these sub-districts is provided for, as well as the levy of a tax to retire the bonds issued, etc.

This action was brought, in the original jurisdiction of the court, by a citizen and taxpayer of the Spartanburg Metropolitan district, on behalf of himself and other taxpayers thereof, for the purpose of...

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7 practice notes
  • Miles Laboratories v. Seignious, No. 981.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • December 15, 1939
    ...v. Greenville County, 137 S.C. 288, 135 S.E. 153; State ex rel. Farr v. Moorer, 152 S.C. 455, 150 S.E. 269; Alley v. Daniel, 153 S.C. 217, 150 S.E. 691. --------...
  • Mills Mill v. Hawkins, No. 17312
    • United States
    • United States State Supreme Court of South Carolina
    • June 19, 1957
    ...district', embracing the territory known as 'Greenville school district' and 'Parker school district.' Alley v. Daniel, 153 S.C. 217, 150 S.E. 691, upheld a special act establishing a sewer district in Spartanburg County to be known as 'Spartanburg Metropolitan District.' In Floyd v. Parker......
  • Sloan v. Wilkins, No. 25933.
    • United States
    • United States State Supreme Court of South Carolina
    • January 28, 2005
    ...49 S.E.2d 12 (1948). Doubtful or close cases are to be resolved in favor of upholding an Act's validity. Alley v. Daniel, 153 S.C. 217, 150 S.E. 691 (1929). Article III, § 17 does not preclude the legislature from dealing with several branches of one general subject in a single act. It is c......
  • Dantzler v. Callison, No. 17200
    • United States
    • United States State Supreme Court of South Carolina
    • August 20, 1956
    ...these abuses, and on the other hand so as not to embarrass or obstruct[230 S.C. 90] needed legislation. Alley v. Daniel, 153 S.C. 217, 150 S.E. 691. There is no doubt in the mind of this Court as to the validity of the title of the Act, but even if there were some doubt, a statute should be......
  • Request a trial to view additional results
7 cases
  • Miles Laboratories v. Seignious, No. 981.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • December 15, 1939
    ...v. Greenville County, 137 S.C. 288, 135 S.E. 153; State ex rel. Farr v. Moorer, 152 S.C. 455, 150 S.E. 269; Alley v. Daniel, 153 S.C. 217, 150 S.E. 691. --------...
  • Mills Mill v. Hawkins, No. 17312
    • United States
    • United States State Supreme Court of South Carolina
    • June 19, 1957
    ...district', embracing the territory known as 'Greenville school district' and 'Parker school district.' Alley v. Daniel, 153 S.C. 217, 150 S.E. 691, upheld a special act establishing a sewer district in Spartanburg County to be known as 'Spartanburg Metropolitan District.' In Floyd v. Parker......
  • Sloan v. Wilkins, No. 25933.
    • United States
    • United States State Supreme Court of South Carolina
    • January 28, 2005
    ...49 S.E.2d 12 (1948). Doubtful or close cases are to be resolved in favor of upholding an Act's validity. Alley v. Daniel, 153 S.C. 217, 150 S.E. 691 (1929). Article III, § 17 does not preclude the legislature from dealing with several branches of one general subject in a single act. It is c......
  • Dantzler v. Callison, No. 17200
    • United States
    • United States State Supreme Court of South Carolina
    • August 20, 1956
    ...these abuses, and on the other hand so as not to embarrass or obstruct[230 S.C. 90] needed legislation. Alley v. Daniel, 153 S.C. 217, 150 S.E. 691. There is no doubt in the mind of this Court as to the validity of the title of the Act, but even if there were some doubt, a statute should be......
  • Request a trial to view additional results

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