Shotwell v. Covington
Mississippi Supreme Court
From the circuit court of Quitman county. Hon. R. W. Williamson, Judge. The case is stated in the opinion. No briefs on file. The general rule is, that a judicial or grosi-judicial discretion cannot be controlled by mandamus. An exception to the rule is, that where no remedy is provided by appeal, and there is a flagrant abuse of discretion, by the corrupt and arbitrary exercise of it, mandamus will lie. 98 Am.
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From the circuit court of Quitman county. Hon. R. W. Williamson, Judge. The case is stated in the opinion. No briefs on file. The general rule is, that a judicial or grosi-judicial discretion cannot be controlled by mandamus. An exception to the rule is, that where no remedy is provided by appeal, and there is a flagrant abuse of discretion, by the corrupt and arbitrary exercise of it, mandamus will lie. 98 Am. Dec., 376; 61 Ind., 379; 44 Mo., 230; 41 lb., 226; 76 Cal., 545; Tapping on Mandamus, 914. I submit that the approval of bonds by the president of the board of supervisors partakes of…
1Opinion of the CourtCooper, J.
The appellee was elected at the last general election to the offices of clerk of the circuit and chancery courts of Quitman county, and duly commissioned as such by the governor. Tie presented to the appellant, who is president of the board of supervisors, and, as such, charged with the duty of approving the official bonds of appellee, his bonds for examination and approval. The appellant, professing to believe that the sureties were insolvent and insufficient, refused to approve them, whereupon, the appellee applied for a writ of mandamus to compel him so to do. Appellee averred in his…
2Cases cited11 opinions
- Arberry v. BeaversTexas Supreme Court · 1851
- Ex parte HarrisSupreme Court of Alabama · 1875
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Swan v. GrayMississippi Supreme Court · 1870
- Stockton & Visalia Railroad v. City of StocktonCalifornia Supreme Court · 1876
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3Cited by17 opinions
- State ex rel. Greaves v. HenryMississippi Supreme Court · 1905
- State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912
- Burks v. MoodyMississippi Supreme Court · 1926
- White v. WilliamsMississippi Supreme Court · 1931
- Board of Sup'rs v. LeeMississippi Supreme Court · 1927
12 more not listed; retrieve them via the Exa API.