7 South Carolina opinions name it 2 courts 1938–2023 2 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bogan v. Scott-Harrisgreen2 sentences2017Legislative immunity “has long been recognized in Anglo-American law,” being rooted in the “ ‘Parliamentary struggles of the Sixteenth and Seventeenth Centuries’ and [] ‘taken as a matter of course by those who severed the Colonies from the Crown and founded our Nation.’ ” Bogan v. Scott-Harris, 523 U.S. 44, 48-49 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998) (quoting Tenney v. Brandhove, 341 U.S. 367, 372 , 71 S.Ct. 783 , 95 L.Ed. 1019 (1951)). 2017Legislative immunity “has long been recognized in Anglo-American law,” being rooted in the “ ‘Parliamentary struggles of the Sixteenth and Seventeenth Centuries’ and [] ‘taken as a matter of course by those who severed the Colonies from the Crown and founded our Nation.’ ” Bogan v. Scott-Harris, 523 U.S. 44, 48-49 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998) (quoting Tenney v. Brandhove, 341 U.S. 367, 372 , 71 S.Ct. 783 , 95 L.Ed. 1019 (1951)). | 1 | 2 |
Tenney v. Brandhovegreen2 sentences2017Legislative immunity “has long been recognized in Anglo-American law,” being rooted in the “ ‘Parliamentary struggles of the Sixteenth and Seventeenth Centuries’ and [] ‘taken as a matter of course by those who severed the Colonies from the Crown and founded our Nation.’ ” Bogan v. Scott-Harris, 523 U.S. 44, 48-49 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998) (quoting Tenney v. Brandhove, 341 U.S. 367, 372 , 71 S.Ct. 783 , 95 L.Ed. 1019 (1951)). 2017Legislative immunity “has long been recognized in Anglo-American law,” being rooted in the “ ‘Parliamentary struggles of the Sixteenth and Seventeenth Centuries’ and [] ‘taken as a matter of course by those who severed the Colonies from the Crown and founded our Nation.’ ” Bogan v. Scott-Harris, 523 U.S. 44, 48-49 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998) (quoting Tenney v. Brandhove, 341 U.S. 367, 372 , 71 S.Ct. 783 , 95 L.Ed. 1019 (1951)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Koth v. Pallachucola Club
green
2 sentences1958It was pointed out very clearly in Koth v. Pallachucola Club, 79 S. C. 514, 61 S. E. 77 , that lands may be returned for taxation as the property of ‘the estate of’ the person deceased, only where there has been an administration of such estate, and that the return is authorized to be made in this wise solely because of the legislative requirement appearing in the proviso of the statute we have quoted. 1938It was pointed out very clearly in Koth v. Pallachucola Club, 79 S. C., 514, 61 S. E., 77 , that lands may be returned for taxation as the property of “the estate of” the person deceased, only where there has been an administration of such estate, and that the return is authorized to be made in this wise solely because of the legislative requirement appearing in the proviso of the statute we have quoted. | 2 | 1938–1958 |
Sveen v. Melin
green
1 sentence2022Or said otherwise, the insured's failure to change the beneficiary after a divorce is more likely the result of neglect than choice." Id. | 1 | 2022–2022 |
Zeigler v. S. C. Law Enforcement Division
green
2 sentences2008When the legislature caiwes out a single exception to a general statutory principle, our resolve to strictly construe that exception must *165 be unequivocal. “[T]he right to benefits is barred where the acts of the employee are such as to come within the legislative exception of willful intent to injure.” Zeigler, 250 S.C. at 329 , 157 S.E.2d at 599 . 2008When the legislature caiwes out a single exception to a general statutory principle, our resolve to strictly construe that exception must *165 be unequivocal. “[T]he right to benefits is barred where the acts of the employee are such as to come within the legislative exception of willful intent to injure.” Zeigler, 250 S.C. at 329 , 157 S.E.2d at 599 . | 1 | 2008–2008 |
Moffat Tunnel League v. United States
green
2 sentences1961A hearing under that Act is not like a legislative hearing and ‘interest’ is not equivalent to ‘concern.’ It may not always be easy to apply in particular cases the usual formulation of the general principle governing such stand ing — e. g., ‘the complaint must show that plaintiff has, or represents others having, a legal right or interest that will *296 be injuriously affected by the order.’ Moffat Tunnel League v. United States, 289 U. S. 113, 119 , 53 S. Ct. 543 , 77 L. 1961A hearing under that Act is not like a legislative hearing and ‘interest’ is not equivalent to ‘concern.’ It may not always be easy to apply in particular cases the usual formulation of the general principle governing such stand ing — e. g., ‘the complaint must show that plaintiff has, or represents others having, a legal right or interest that will *296 be injuriously affected by the order.’ Moffat Tunnel League v. United States, 289 U. S. 113, 119 , 53 S. Ct. 543 , 77 L. | 1 | 1961–1961 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.