Lord v. Bates

Citations

• 48 S.C. 95
• 26 S.E. 213
• 1897 S.C. LEXIS 79

Syllabus

<p>1. Mandamus —Parties.—The State is not a necessary party to an application by a private citizen for a writ of mandamus to enforce a private right.</p> <p>■ 2. State Bonds— Refunding- Resolutions — Legislature.—The refunding resolutions since 1876 show an intention on the part of the legislature to exercise the exclusive power of determining the conditions upon which the bonds of the State should be reissued or funded, also the mode and manner of such reissuing and funding.</p> <p>3. Ibid. — -Mandamus—-Acts Construed. — Under the acts of December 22, 1873, December 20, 1878, and December 24, 1880, to reduce the volume of the public debt, and to provide for the payment of the same, on actual surrender of the bonds themselves, and the cancellation thereof by the state treasurer, are required, and he cannot be compelled by mandamus to refund a lost bond, not actually surrendered; and the decree of the Court that the receiver is entitled to the bonds, and to have them refunded, does not alter the rule.</p>