State ex Rel. Fouche v. Verner

Citations

• 30 S.C. 277
• 9 S.E. 113
• 1889 S.C. LEXIS 101

Syllabus

<p>1. Under an act constituting three members of the executive department of the State govenuhent a board to approve or disapprove applications for pension, the duty imposed upon this board requires the exercise of judgment or discretion, and is not merely ministerial. Therefore, after this board has acted by refusing to approve an application for pension, the court cannot, by writ of mandamus, command them to approve it.</p> <p>2. By an act passed in 18S7, a pension was given to the widows of deceased Confederate soldiers “while she remains unmarried.” A widow of a soldier, who died in service, having in 1866 reman-ied a second husband (who died .in 1877), she is not entitled to a pension, under this act, as the widow of her first husband.</p>