Summary
In Richmond v. Wood, 109 Va. 75, 63 S.E. 449, the Court said: "Before the opinion of an expert, when it is based on facts which he has not himself testified to, can be admitted, he must fully understand the facts already proved, and his testimony must come in response to a hypothetical question which embodies the evidence."
Summary of this case from State v. DavidOpinion
7097
January 26, 1909.
Petition in the original jurisdiction of this Court by A.J. Brown, J.J. Williams et al., for writ of mandamus against Hon. M.F. Ansel, Governor, to require him to order an election on the question of Woodberry Township, in Marion county, being annexed to Horry county, without first appointing a commission to ascertain and report to him as to the facts stated in the petition, and also as to whether all the requirements of the Constitution and laws of the State with reference to the alleged annexation, so far as relates to territory, population and other necessary facts, have been complied with.
Mr. B. Wofford Wait, for petitioners.
January 26, 1909.
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, Civil Code, and State ex rel. Reese v. Ansel, 78 S.C. 331, 58 S.E., 933.