Rollins v. . Rogers

168 S.E. 206, 204 N.C. 308, 1933 N.C. LEXIS 391

Opinion

Stacy, O. J.

Mandamus is available against a board of county commissioners only to compel tbe board to do something which it is its duty to do without it. The writ confers no new authority. The party seeking it must have a clear legal right to demand it, and the board must be under a legal obligation to perform the act sought to be enforced. Neither of these prerequisites has been shown in the instant case. Powers v. Asheville, 203 N. C., 2, 164 S. E., 324; Person v. Doughton, 186 N. C., 723, 120 S. E., 481. The writ was improvidently granted.

Reversed.