State ex rel. Conant v. Fuller

Citations

• 18 S.C. 246
• 1882 S.C. LEXIS 129

Syllabus

<p>1. A writ of mandamus can only issue where there is a specific legal right to be enforced or a positive duty to be performed, and where there is no other specific remedy; and this legal right embraces not only the character of the claim, but also the form in which it is presented.</p> <p>2. This highest of judicial writs will not issue to compel a county treasurer to pay an auditor’s checks for assessment expenses, where the accounts for which the checks were issued have not been examined and approved by the county commissioners, as required by the act of 1875, $ 23, (15 Stat. 993,) and subsequent legislation.</p>