Brown v. Ansel

Supreme Court of South Carolina

Brown v. Ansel

63 S.E. 449, 82 S.C. 141, 1909 S.C. LEXIS 8

CourtSupreme Court of South Carolina

DecidedJanuary 26, 1909

Docket7097

StatusPublished

Cited by1 cases

This text of 63 S.E. 449 (Brown v. Ansel) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Ansel, 63 S.E. 449, 82 S.C. 141, 1909 S.C. LEXIS 8 (S.C. 1909).

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Opinion

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.

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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.

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Bluebook (online)

63 S.E. 449, 82 S.C. 141, 1909 S.C. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-ansel-sc-1909.

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