Legal Opinion

Richland Drug Co. v. Moorman

Supreme Court of South Carolina

Decided March 23, 1905PublishedCited by 4 opinions

Before J. A. McCorrough, special Judge, Richland, 1904. Petition by Richland Drug Company for mandamus against Robert Moorman as magistrate. From Circuit order granting writ, the respondent appeals. cites: 48 S. C., 183; 10 S. C., 303; 24 S. C., 519; 34 S. C., 107. cite: 24 S. C., 507; 60 S. C., 504.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an appeal from an order granting a mandamus to compel a magistrate to issue his warrant of ejectment, against an alleged trespasser, as provided in section 2972, Civil Code. Mandamus will only lie against a public officer to enforce a plain ministerial duty required by law, as distinguished from a duty involving discretion in its exercise. Lord v. Bates, 48 S. C., 109, 26 S. E., 213. With respect to a judicial officer, while mandamus may be used to compel him to move, proceed, take action in the performance of a duty under the…

2Cases cited1 opinion

  1. Lord v. BatesSupreme Court of South Carolina · 1897

3Cited by4 opinions

  1. Gardner v. Blackwell, SEC. of StateSupreme Court of South Carolina · 1932
  2. In Re Estate of StenzelSupreme Court of Minnesota · 1941
  3. Stenzel v. KregerSupreme Court of Minnesota · 1941
  4. Rufus Rivers v. James Smith, Jr.Court of Appeals of South Carolina · 2023

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