Swann v. Work
Court of Appeals of Mississippi
In error from the circuit court of Hinds county; Hon. Patrick W. Tompkins, judge. The facts of this case are fully stated in the opinion of the court. 1st. The claim of Work is wholly -unsupported by proof. 2d. The case is not such as entitles him to the remedy by mandamus. 3 Black. Com. 110; 12 Peters, 640; 9 S. & M. 127; 2 Leigh, 147. Cited 1 Cranch, 137; 9 S., & M. 90; 12 Peters, 614; State v. Dickinson, 12 S. & M. 579; Swcwm v. Josselyn, 14 lb. 106; 8 Wend. 580-583.
1Opinion of the CourtJustice Fisher
This is a writ of error to a judgment of the circuit court of Hinds county, at the May term thereof, 1850, awarding a peremptory mandamus against the auditor of public accounts, requiring him to issue a warrant for the sum of three thousand four hundred and ninety dollars, in favor of the defendant in error, on the treasurer of the State.
The case presented by the relator is briefly this. A statute was enacted in 1838, mailing the secretary of state, the auditor of public accounts, and the treasurer of the State commissioners to have a survey and plat made of all the unsold lots in the town of…
2Cited by3 opinions
- Clayton v. McWilliamsMississippi Supreme Court · 1873
- Hendricks v. JohnsonMississippi Supreme Court · 1871
- Kuechler v. WrightTexas Supreme Court · 1874