Whitesides v. Neely

• Decision Date: 30 November 1888
• Citation: 8 S.E. 27
• Parties: Whitesides v. Neely, Treasurer.
• Court: South Carolina Supreme Court

8 S.E. 27

Whitesides

v.Neely, Treasurer.

Supreme Court of South Carolina

November 30, 1888

Controversy without action.

Thomas B. Whitesides against H. A. D. Neely, treasurer of York county. Plaintiff seeks to restrain defendant from paying certain bonds. Controversy submitted to supreme court without action.

N. W. Hardin, S. M. McGowan, and Mr. Simkins, for plaintiff. Hart & Hart and D. S. Henderson, for defendant.

Per Curiam. This was a controversy without action, and submitted under an agreed statement of facts, in the original jurisdiction of this court. It involves the same question as that recently determined in the case of Floyd v. Perrin, ante, 14, to-wit, the constitutionality of atownship subscription to a railroad. We think that the case of Floyd v. Perrin controls this case. It is therefore only necessary here to refer to that case as authority for our finding that the bonds in question here are "invalid, unauthorized, and void, ""and are not valid subsisting obligations of Cherokee township, York county." In pursuance of this finding it is ordered and adjudged that the defendant, H. A. D. Neely, as county treasurer of York county, be perpetually enjoined and restrained from paying out any of the moneys now held by him under the levy mentioned in the proceedings, in payment of either interest or principal upon any bond issued by the county commissioners of York county for and on behalf of Cherokee township as a subscription to said railroad company, to-wit, the Charleston, Cincinnati & Chicago Railroad Company.