State ex rel. Richland County v. Columbia

Citations

• 17 S.C. 80
• 1882 S.C. LEXIS 50

Syllabus

<p>1. Tbe right and duty of performing acts involving judgment and discretion do not constitute'tbe officer or body so acting a court, wbicb is a tribunal empowered to bear and determiné issues between parties upon pleadings and evidence, according to settled principles of law. Hence-a municipal corporation invested with power to grant licenses for the-sale of liquors is not thereby made a court.</p> <p>2. Tbe city council of Columbia, under its charter, is an inferior court for certain limited purposes, but does not act as a court in passing upon applications for licenses to sell liquors.</p> <p>3. Tbe jurisdiction of tbe Supreme Court embraces four classes of powers:. 1, appellate jurisdiction in cases of chancery; 2, the correction of errors of law under such regulations as tbe general assembly may prescribe;. 3, tbe power to issue certain specified writs; 4, tbe power to issue such, other and remedial writs as may be necessary to give it a general supervisory control over all other courts in this State. Oonst., Art. IV., § 4.</p> <p>4. Tbe writ of prohibition can be issued by tbe Supreme Court by virtue-only of tbe power conferred in tbe fourth class, and can therefore be-used only when necessary to enable this court to exercise a supervisory control over other courts. It can issue to an inferior court only for tbe purpose of keeping it within its jurisdiction.</p> <p>5. A municipal corporation having the power to issue licenses, the Supreme Court cannot, by prohibition, correct any errors of law or fact committed by the corporation in determining matters involved in the exercise of such power.</p>