Brown v. Ansel
| Decision Date | 26 January 1909 |
| Citation | 82 S.C. 141,63 S.E. 449 |
| Parties | BROWN et al. v. ANSEL, Governor. |
| Court | South Carolina Supreme Court |
Mandamus (§ 72*)—To Governor.
Even if the Governor is subject to mandamus, it will not lie to compel his doing an act which is not a plain ministerial duty, but involves the exercise of discretion.
[Ed. Note.—For other cases, see Mandamus, Cent. Dig. § 134; Dec. Dig. § 72.*]
Petition by A. J. Brown and others for mandamus to M. F. Ansel, Governor. Denied.
C. M. Efird and W. J. Montgomery, for petitioners.
After reading the petition herein, the court is of the opinion that rule to show cause should not issue. Even if the Governor is subject to our writ of mandamus, a question noticed, but not decided, in State v. Ansel, 76 S. C. 406, 57 S. E. 185, it appears from the petition that the act sought to be compelled is not a plain ministerial duty, but involves the exercise of discretion, and is therefore not compellable by mandamus. See section 580, Civ. Code 1902, and State ex rel.
*.For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes
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Blalock v. Johnston
...case can a Governor be subjected to judicial process." This case was later referred to in a brief per curiam order in Brown v. Ansel, Governor, 82 S.C. 141, 63 S.E. 449, where it was said: "Even if the Governor is subject our writ of mandamus, a question noticed, but not decided, in State v......
- Brown v. Ansel