In re Conant's Claims

Citations

• 21 S.C. 362
• 1884 S.C. LEXIS 106

Syllabus

<p>1. On appeal to the Circuit Court from an order by the Board of County Commissioners refusing to audit certain claims presented against the county, an order was passed by the Circuit judge at chambers, and without notice to the board or its attorney, directing the board to audit these claims. Held, that the order of the Circuit judge was invalid, because made out of court and without notice.</p> <p>2. Semble. Mandamus is the proper proceeding to require a Board of County Commissioners to audit claims against the county.</p> <p>3. Even if there had been a written agreement that the matter should be informally presented to the judge for his decision, it would not have been proper for one of the parties to obtain a decision at chambers without notice to the other party and in his absence.</p>