41 S.E. 82 | S.C. | 1902
March 24, 1902. The opinion of the Court was delivered by
This is an application in the Circuit Court for a writ of mandamus to compel the county treasurer of Beaufort County to pay a county commissioners' warrant for service by W.H. Lockwood, the relator, in negotiating the sale of certain bonds issued by Beaufort County. The Circuit Court having refused the writ, the relator appealed to this Court —
We think the master and the Circuit Court erred in holding that the relator, Lockwood, should be the actor in the issue ordered to be determined. This issue was ordered with a view to determine an issue raised by the respondent in reference to which this Court said: "The main ground for the refusal to pay the petitioner, arises from the contention that by the terms of the act of the General Assembly, already cited herein, the bonds were ordered to be sold at par; and if this claim of petitioner were allowed, it would appear that the bonds were actually sold at ninety-five cents on the dollar. All this would be quite true, if W.H. Lockwood were the actual purchaser of said bonds." Accordingly, an issue to determine that fact was ordered. It should be remembered that the relator holds the warrant of the county commissioners upon the county treasurer for the payment of his claim, which has been audited and approved, as shown in Countyof Richland v. Miller,
The rulings and order appealed from are reversed, and it is again remanded to the Circuit Court to determine and certify the issue, as previously ordered herein. *192