State ex rel. Gruber v. Knight

Citations

• 31 S.C. 81
• 9 S.E. 692
• 1889 S.C. LEXIS 4

Syllabus

<p>1. AVhen the writ of mandamus lies and should issue.</p> <p>2. An outgoing board of county commissioners have no right, after their successors in office have been commissioned, to correct their own acts done during their term.</p> <p>3. A claim for services rendered as clerk to the board of county commissioners in 1884 was presented two years afterwards to the succeeding board, by whom it was marked “approved,” and afterwards (without right, their successors being in commission) it was reopened and “rejected.” More than two years later (1889), a fourth board being in office, a writ of mandamus to compel payment of this claim was refused, because the claim was not presented to the board during the proper fiscal year, and because the application for the writ was so long delayed.</p> <p>4. A claim for services as clerk having been presented to a board of county commissioners within the proper fiscal year and marked “approved,” and afterwards (without right) reduced in amount, but it being doubtful how much was really due thereon, if anything, a writ of mandamus was refused by this court, without prejudice to a renewed application on Circuit, where questions of fact can be more readily determined.</p>