State Ex Rel. Kirven v. Scarborough
Supreme Court of South Carolina
Before Watts, J., Darlington, February, 1904. Proceedings in mandamus on relation of J. K. Kirven against R. J. Scarborough. From Circuit order, respondent, Scarborough, appeals. cite: To compel an officer to obey a writ of mandamus, it must be shown that he has the ability to comply, and it is his clear legal duty: 15 S. C., 322; 7 S. C., 275; 1 S. C., 23; 18 S- C., 250; 33 S. C., 278; 7 Rich., 322; 6 Col., 526; 13 Ency.
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Before Watts, J., Darlington, February, 1904. Proceedings in mandamus on relation of J. K. Kirven against R. J. Scarborough. From Circuit order, respondent, Scarborough, appeals. cite: To compel an officer to obey a writ of mandamus, it must be shown that he has the ability to comply, and it is his clear legal duty: 15 S. C., 322; 7 S. C., 275; 1 S. C., 23; 18 S- C., 250; 33 S. C., 278; 7 Rich., 322; 6 Col., 526; 13 Ency. P. & P., 494. Issues in mandamus are triable in the county where the defendant resides: 50 S'. C., 562. Circuit Court cannot enforce process of inferior court: 2 Rich., 187;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
On December 24, 1903, John Floyd, a magistrate for Darlington County, on the affidavit of T. Z. Odom, issued a warrant against J. K. Kirven for larceny of a mule valued at one hundred and fifty dollars, and at same time issued a search warrant directing R. J. Scarborough, as special constable, to< search the premises of J. K. Kirven, take possession of said mule, and keep the same to: be disposed of according law. The case having been transferred toi Magistrate H. E. P. Sanders, he conducted the preliminary examination and found that…
2Cases cited2 opinions
- State v. NathansSupreme Court of South Carolina · 1897
- Bell v. FluddSupreme Court of South Carolina · 1888
3Cited by5 opinions
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- Greenwood County v. ShaySupreme Court of South Carolina · 1943
- Fordham v. FordhamSupreme Court of South Carolina · 1953
- Garcia v. SanfordDistrict Court, N.D. Georgia · 1945
- Pendarvis v. City of OrangeburgSupreme Court of South Carolina · 1930