State v. Bates
| Decision Date | 30 May 1896 |
| Citation | 24 S.E. 755 |
| Parties | STATE ex rel. LORD v. BATES, State Treasurer. |
| Court | South Carolina Supreme Court |
Petition in the name of the state by Samuel Lord, receiver of the President, Directors, and Company of the State Bank, for writ of mandamus against W. T. C. Bates, state treasurer. The attorney general moved to dismiss the petition. The motion was denied, and the attorney general then moved to strike out the name of the state. Motion granted.
McCradys & Bacot, for petitioner.
Wm. A. Barber, Atty. Gen., for the State.
The petition of the relator for the writ of mandamus having been filed in this case, the attorney general, appearing for the purpose of this motion only, came in with a suggestion and motion on behalf of the state to dismiss the petition, upon the ground that his consent as attorney general to the use of the name of the state in this proceeding had not been obtained, and that he objected to the use of the same. The court, after hearing argument on this motion, retired for consultation, and, upon reassembling, the chief justice announced, as the unanimous conclusion of the court, that the state was not a necessary party to an application by a private citizen for a writ of mandamus to enforce a private right, and that the name of the state in this proceeding was a mere surplusage. It was therefore ordered that the motion to dismiss the petition, upon the above-stated ground, be refused, with leave, however, to the attorney general, if he should so desire, to move to strike the name of the state of South Carolina from the title of the petition in this case. In accordance with the leave thus granted, the attorney general now moves to strike the name of the state of South Carolina from the title of this case, which motion is hereby granted; and the case will proceed for a hearing on the merits as though commenced originally in the name of Samuel Lord, as receiver as aforesaid.
The reasons for the conclusions reached by the court will be set forth in the opinion hereafter to be filed upon the merits of the case.
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