State Ex Rel. M'Invaille v. Rouse
Supreme Court of South Carolina
Before Memmingbr, J., Darlington, March, 1910. Petition by J. T. Mclnvaille for writ of mandamus against C. R. Rouse. From order refusing the writ, relator appeals. cite: Mandamus lies to compel a magistrate to act: 89 Am. Dec., 739 ; 98 Am.
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Before Memmingbr, J., Darlington, March, 1910. Petition by J. T. Mclnvaille for writ of mandamus against C. R. Rouse. From order refusing the writ, relator appeals. cite: Mandamus lies to compel a magistrate to act: 89 Am. Dec., 739 ; 98 Am. St. R., 905; 50 S. C., 558; 71 S. C., 236. Does the act 24 Stat., 428, require issuance of second warrant? 80 S. C., 131. This act not repealed by act 1908, 1O81: 8 S. C., 127; 4 L. R. A., 309; 26 Ency., 720. Will second prosecution lie: 2 Wall., 1; 19 Wend., 500; Alleyn, 27; 3 B. P., 420; 3 Com. Dig., 93; 6 T. R„ 650; 19 Pick., 275; 3 Ala., 23; 3 Dutch.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This appeal is from an order of the Circuit Court refusing to grant writ of mandamus against a magistrate requiring him to issue a warrant of arrest for fraudulent and malicious violation of a contract for personal service.
In December, 1909, Manning Albert entered into a contract by which he agreed to work on a farm for the relator during the year 1910. He refused to enter upon service thereunder and subsequently entered into a contract to serve E. D. Sumner for that year. A warrant was issued by magistrate Rouse on January 4,…
2Cases cited2 opinions
- State ex rel. Abbeville County v. McMillanSupreme Court of South Carolina · 1898
- State ex rel. Snelling v. TurnerSupreme Court of South Carolina · 1890
3Cited by3 opinions
- Federal Land Bank v. State Highway DepartmentSupreme Court of South Carolina · 1934
- Linton v. Gaillard, MagistrateSupreme Court of South Carolina · 1943
- State ex rel. Skilton v. MillerOhio Supreme Court · 1955