Richland Drug Co. v. Moorman
Supreme Court of South Carolina
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
- Lord v. BatesSupreme Court of South Carolina · 1897
3Cited by4 opinions
- Gardner v. Blackwell, SEC. of StateSupreme Court of South Carolina · 1932
- In Re Estate of StenzelSupreme Court of Minnesota · 1941
- Stenzel v. KregerSupreme Court of Minnesota · 1941
- Rufus Rivers v. James Smith, Jr.Court of Appeals of South Carolina · 2023