State ex rel. Abbeville County v. McMillan

Citations

• 52 S.C. 60
• 29 S.E. 540
• 1898 S.C. LEXIS 56

Syllabus

<p>1. Mandamus — Constitution—Greenwood County. — Commissioners appointed by the governor, under the Constitution and the act creating the county of Greenwood, to apportion the bonafide indebtedness of Abbeville County between it and Greenwood, have no such plain ministerial duty imposed upon them as to how they shall divide the indebtedness, as can be enforced by mandamus.</p> <p>2. Pubeic Commission — Pubeic Duty. — The act of the majority of a number of persons appointed by law to perform some public duty is the act of the whole.</p> <p>3. Pubeic Duty — Officer—Mandamus.—Whether an officer has erred in the performance of a public duty in which he has discretion, cannot be inquired into under proceedings in mandamus.</p>