57 S.C. 105 | S.C. | 1900
The opinion of the Court was delivered by
This is a petition to the Court, in the exercise of its original jurisdiction for a writ of mandamus, requiring the town clerk of the town council of
The petition for the passage of the first ordinance hereii before mentioned was signed by the relator, M. L. Ros Plis dividends as a stockholder in - said corporation hau amounted to more than any increase of taxes which he ma have had to pay by reason of the said exemption. Tl Gaffney Manufacturing Company alleges in its return to tl rule to show cause, and it is not denied in the reply, that tl petition and ordinance passed in pursuance thereof, great! moved and-influenced.the said corporation in the location c its mill, and that the petitioner by his conduct in aiding t bring about the result, is estopped from instituting this prc ceeding. In the case of Daniels v. Tearney, 102 U. S., 41; the Court says: “It is well settled as a general propositioi subject to certain exceptions not necessary to be here note< that where a party has availed himself for his benefit of a unconstitutional law, he can not, in a subsequent litigatio with others not in that position, aver its unconstitutionalit as a defense, although such unconstitutionality may har been pronounced by a competent judicial tribunal in anothe suit. In such cases the principle of estoppel applies wit full force and conclusive effect.” Citing a number of ar thorities. Continuing, the Court says: “In the case fin cited, an injunction was applied for to prevent the collectio
It is within the discretion of the Court whether it will rant the writ of mandamus in any case. The petitioner jrein signed the request for the passage of the ordinance ;reinbefore first mentioned, thereby tending his aid to iduce the corporation to locate its mill at Gaffney; it is leged that it was greatly influenced by this action; the petioner’s dividend as a stockholder in said corporation nounts to more than the increase in his taxes which he had 1 pay by reason of said exemption, and there has been ireasonable delay, at least as to a part of the taxes. Under 1 the circumstances i of the case, the petitioner is estopped -om asking the aid of this Court in granting him relief. There are other questions in the case, but having reached íe conclusion that the petitioner is not in a position to ask )r the writ of mandamus, they cannot properly be consid■ed.
It is the judgment of this Court, that the petition be ismissed.