Mullinax v. Hambright
Decision Date | 11 October 1920 |
Docket Number | (No. 10500.) |
Citation | 104 S.E. 309 |
Court | South Carolina Supreme Court |
Parties | MULLINAX. v. HAMBRIGHT et al. |
Appeal from Common Pleas Circuit Court of Cherokee County; Ernest Moore, Judge.
Action by John Mullinax, administrator, against J. B. Hambright and others, constituting the Cherokee County Highway Commission. From an adverse judgment, plaintiff appeals. Affirmed.
This is an appeal from an order sustaining a demurrer to the complaint, which is as follows:
The defendants demurred to the complaint, on the ground "that it does not state facts sufficient to constitute a cause of action, in that the said Cherokee County Highway Commission is a governmental agency, and cannot be sued for a tort, unless authority is expressly given by statute, the said Cherokee County Highway having been clothed by the General Assembly of the state of South Carolina to issue bonds and construct improved highways in Cherokee county, and on the further ground that this action is brought against the Cherokee County Highway Commission, there being no such body created by statute or otherwise; the correct name being the Cherokee County Highway Commission."
His honor the circuit judge made the following order, sustaining the demurrer:
The appellant's exceptions are as follows:
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