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City of Rock Hill v. Thompson3/11/2002
y review of the intrinsic merits of a judicial act, the judge against whom mandamus is sought is not an active party. Id. citing A. Olinick and Sons v. Dempster Bros. Inc., 365 F.2d 439 (2nd Cir. 1966); Rapp v. VanDusen, 350 F.2d 806 (3rd Cir. 1965); General Tire & Rubber Co. v. Watkins, 363 F.2d 87 (4th Cir.), cert. denied 385 U.S. 899 (1966). Instead, the judge is a nominal party who need not file an answer or submit a brief. Id. Neither American Jurisprudence nor the cases cited therein state the judge need not be served with the mandamus petition. City was required to serve Judge with its petition for mandamus.
Because City failed to establish the elements required for issuance of a writ of mandamus and failed to serve Judge with its petition, the petition for a writ of mandamus is DENIED.
TOAL, C.J., MOORE, WALLER and PLEICONES, JJ., concur.
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