Foote v. Myers

Citations

• 60 Miss. 790

Syllabus

<p>Mandamus. Proceeding by district attorney. Proceeding by individual. Both for same purpose. Effect.</p> <p>The existence of a proceeding by 0., individually, for a mandamus against the Secretary of State, is not a bar to the prosecution of a suit for mandamus, by the district attorney, on the relation of 0. against the Secretary of State, though both proceedings be founded upon the same state of case and seek the accomplishment of the same purpose. And it makes no difference, in this respect, that the latter proceeding is brought in the name of the district attorney on the relation of 0., when it should have been in the name of the State on the relation of the district attorney.</p>