Brown v. Ansel

Supreme Court of South Carolina
Brown v. Ansel, 63 S.E. 449 (S.C. 1909)
82 S.C. 141; 1909 S.C. LEXIS 8
PER CURIAM.

Brown v. Ansel

Opinion of the Court

Per Curiam.

After reading the petition herein, the Court is of the opinion that rule to show cause should not issue. Even if the Governor is subject to our writ of mandamus, a question noticed but not decided in State v. Ansel, 76 S. C., 406, 57 S. E., 185, it appears from the petition that the act sought to be compelled is not a plain ministerial duty, but involves the exercise of discretion, and is, therefore, not compellable by mandamus. See section 580, Civil Code, and State ex rel. Reese v. Ansel, 78 S. C., 331, 58 S. E., 933.

Reference

Full Case Name
Brown v. Ansel, Governor.
Cited By
1 case
Status
Published
Syllabus
Mandamus — Governor—New Counties. — Whether the Governor should order an election on the question of a township of one county being annexed to another before appointing a commission to ascertain the constitutional requisites is discretionary with him, and mandamus will not be issued to compel him to do so. Will mandamus lie against the Governor?