Mandamus; Prohibition

Miss. Code Ann. tit. 11, ch. 41
in effect

Miss. Code Ann. § 11-41-1 In what cases a remedy and how obtained.

On the complaint of the state, by its Attorney General or a district attorney, in any matter affecting the public interest, or on the complaint of any private person who is interested, the judgment shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law. All procedural aspects of this action shall be governed by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 11-41-3 Filing of complaint.

The complaint shall be filed in the circuit court of the county in which the tribunal, corporation, board, officer, or person made defendant, or some one or more of them, shall reside or be found; but if the judge of that court be interested, the complaint may be filed in an adjoining circuit court district.

Miss. Code Ann. § 11-41-5 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-41-5 . [Codes, 1871, § 1519; 1880, § 2544; 1892, § 2848; 1906, § 3233; Hemingway’s 1917, § 2535; 1930, § 2350; 1942, § 1111] § 11-41-7 . [Codes, 1871, § 1520; 1880, § 2545; 1892, § 2849; 1906, § 3234; Hemingway’s 1917, § 2536; 1930, § 2351; 1942, § 1112; Am Laws, 1980, ch. 383, § 1] § 11-41-9 . [Codes, 1871, § 1523; 1880, § 2546; 1892, § 2850; 1906, § 3235; Hemingway’s 1917, § 2537; 1930, § 2352; 1942, § 1113] § 11-41-11 . [Codes, 1871, § 1524; 1880, § 2547; 1892, § 2851; 1906, § 3236; Hemingway’s 1917, § 2538; 1930, § 2353; 1942, § 1114] § 11-41-13 . [Codes, 1880, § 2548; 1892, § 2852; 1906, § 3237; Hemingway’s 1917, § 2539; 1930, § 2354; 1942, § 1115] § 11-41-15 . [Codes 1871, § 1525; 1880, § 2549; 1892, § 2853; 1906, § 3238; Hemingway’s 1917, § 2540; 1930, § 2355; 1942, § 1116] § 11-41-17 . [Codes, 1871, § 1526; 1880, § 2550; 1892, § 2854; 1906, § 3239; Hemingway’s 1917, § 2541; 1930, § 2356; 1942, § 1117] Editor’s Notes — Former § 11-41-5 related to what petition shall contain and summons. Former § 11-41-7 related to the pleadings and proceedings. Former § 11-41-9 related to the writ – how served. Former § 11-41-11 related to obedience to the writ enforced. Former § 11-41-13 related to orders in vacation – appeal and supersedeas. Former § 11-41-15 related to an act order done by another in certain cases. Former § 11-41-17 related to temporary orders.

Miss. Code Ann. § 11-41-19 Mandamus in certain cases triable in vacation.

A proceeding by mandamus may be tried and determined in termtime or in vacation; and, if tried in vacation, all the provisions of law relating to the trial and proceedings in vacation of information in the nature of quo warranto shall apply.

Miss. Code Ann. § 11-41-21 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1892, § 2856; 1906, § 3241; Hemingway’s 1917, § 2543; 1930, § 2358; 1942, § 1119]

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