Cole v. Wineman

Citations

• 80 Miss. 73

Syllabus

<p>1. Mandamus. Officers. Duties under statute. Repeal pending suit.</p> <p>A petition for mandamus against officials for the pei-formancé of duties enjoined upon them by statute will be dismissed when the statute, pending an appeal by the defendants, is repealed in so far as the petitioner can claim any right thereunder.</p> <p>3. Same. Patents. Erroneous issuance. Refunding purchase money. Secretary of State. Laivs 1900, p. 91. Laivs 1903, p. 137.</p> <p>The act of 1900, providing that in cases where the state, “through the land commissioner or secretary of state,” has issued patents for land to which it had no title, the patents shall be canceled and the purchase money refunded (Laws, p. 91), having been impart repealed by the amendatory act of 1903, which is in the same words, except that the words “ or secretary of state ” are omitted (Laws, p. 137), mandamus cannot be maintained for the issuance of refunding- warrants on patents issued by the secretary of state.</p>