State ex rel. Canaday v. Black

Citations

• 34 S.C. 194
• 13 S.E. 361
• 1891 S.C. LEXIS 39

Syllabus

<p>1. Sheriff — Mandamus.—Where a warrant is issued by two trial justices directed to a sheriff, requiring him to put a party into possession ■of premises under section 1817 of General Statutes, the sheriff cannot inquire into the regularity of the proceedings. It is his plain ministerial duty to obey the warrant, and a writ of mandamus is the proper remedy in case of his refusal.</p> <p>2. Certiorari — Chambers—Statutes.—Has a Circuit Judge jurisdiction at his chambers to grant a writ of certiorari? Where certain words are added to a section of tho General Statutes, and afterwards an act adds other words to this same section, and further declares, “so that said section when so amended shall read as follows,” and leaves out the amendment of the prior act, are the words of the prior amendment repealed?</p> <p>3. Ibid. — -Ibid.—Circuit Judge. — If a Circuit Judge has the power to issue a writ of certiorari at chambers, he can only exercise such power in the same manner as when the court is sitting, and therefore he cannot exercise it as to causes in a Circuit other than that in which he is at the time, the proper Circuit Judge being then on active duty on such other Circuit.</p> <p>4. Certiorari — Circuit J udge. — A writ of certiorari cannot be granted under section 402, ¶ 3, of the Code, by a Circuit Judge out of the Circuit where the proceeding lies, because, even if an order, it cannot be made without notice, and must be by the judge of the court having jurisdiction of the case.</p> <p>5. Void Proceedings — Mandamus.—A writ of certiorari, void for want of jurisdiction, affords no excuse to a sheriff for refusing to execute a warrant duly issued to him by two trial justices; and mandamus will issue.</p> <p>6. Ibid. — Ibid.—Even if proceedings under this writ of certiorari could be regarded as such other adequate ponding remedy as would defeat an application for mandamus, no such proceedings are pending, the same being null and void.</p>