Legal Opinion

Foote v. Myers

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 3 opinions

Appeal from the decision of Hon. T. J. WhartoN, Judge of the Ninth Judicial District, on an application for a mandamus. The petition for a mandamus in this case, filed on the 21st of November, 1882, by H. S. Foote, district attorney, “on the relation of J. K. Chalmers,” against H. C. Myers, Secretary of State, was based upon the same grounds, substantially, and virtually sought the accomplishment of the same purpose, as that in the case of II.

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Appeal from the decision of Hon. T. J. WhartoN, Judge of the Ninth Judicial District, on an application for a mandamus. The petition for a mandamus in this case, filed on the 21st of November, 1882, by H. S. Foote, district attorney, “on the relation of J. K. Chalmers,” against H. C. Myers, Secretary of State, was based upon the same grounds, substantially, and virtually sought the accomplishment of the same purpose, as that in the case of II. C. Myers, Secretary of State, v. J. It. Chalmers, ante, p. 772, which was filed by the appellee therein on the 18th of November, 1882. The defendant in…

1Opinion of the CourtCampbell, C. J.

The' demurrer to the plea in abatement should have been sustained. The two actions are not the same. One is the suit of a private person, instituted by- himself, and subject to his control; the other is the petition of the district attorney of the Ninth Judicial District, in a matter affecting the public interest, and, although it is in the name of the officer, when it should have been by the State on his relation, and although the name of Chalmers, as relator, is used, it being instituted by the district attorney, is the suit of the State, and is independent of the suit of Chalmers, although…

2Cited by3 opinions

  1. State Ex Rel. Rice v. LargeMississippi Supreme Court · 1933
  2. General Acceptance Corp. v. HolbrookMississippi Supreme Court · 1966
  3. Hutchens v. CraigMississippi Supreme Court · 1940

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