State ex rel. Burnett v. Burnside
Supreme Court of South Carolina
Before Pressley, J., Spartanburg, January, 1890. This was an application to the Circuit Court by The State on the relation of Miles P. Burnett against A. W. Burnside, probate judge for Laurens County, for a writ of mandamus. The order of the Circuit Judge, omitting its statement, was as follows: After hearing all the facts and argument of counsel, I am satisfied that the proceeding for mandamus must be dismissed.
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Before Pressley, J., Spartanburg, January, 1890. This was an application to the Circuit Court by The State on the relation of Miles P. Burnett against A. W. Burnside, probate judge for Laurens County, for a writ of mandamus. The order of the Circuit Judge, omitting its statement, was as follows: After hearing all the facts and argument of counsel, I am satisfied that the proceeding for mandamus must be dismissed. In the first place, mandamus is not the remedy, for it will never issue to compel a judicial officer to exercise his discretion in a particular way. It is a matter entirely within…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
The Circuit Judge states this case as follows: “On salesday in December, 1889, the defendant, as judge of probate for Laurens County, through his agent, W. S. Thomason, offered for sale at Spartanburg Court House a certain tract of land which the said defendant had ordered sold in the case of Mary E. Nelson, administratrix of the estate of Francois M. Nelson, in aid of personalty to pay debts. The plaintiff, Mary E. Nelson, filed with the said defendant a bid of four hundred and seventy-five dollars ($475) for the said tract of…
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