Haskins v. Board of Supervisors

Citations

• 51 Miss. 406

Syllabus

<p>1. Mandamus : To compel the cowrt to make certain order's.</p> <p>A mandamus must not include more than one case, whether of the same or of many individuals. Two or more distinct rights cannot be joined; if so, the suit will be dismissed. If the suit be for a private right, the relator must state his personal interest, the facts which are the grounds of his claim, and the damages which he has sustained or may sustain by the nonperformance of the duty by the respondent.</p> <p>2. Same: Practice: Pleadings.</p> <p>The petition is the inducement and the predicate upon which the judge grants the writ. There is no opportunity to the defendant to test the right to the writ on the face of the petition. But the alternate writ, being of the nature of pleading, must make every allegation of the relator’s title' to the redress which he seeks. If defecttve, even after return, the respondent may move to quash it. The relator is not bound by the return or answer of the defendant, and if false, driven to his action for a false return, as at common law. But he may meet the return by traverse, demurrer, or other appropriate pleadings.</p>