On the complaint of the state, by its Attorney General or a district attorney, in any matter affecting the public interest, or on the complaint of any private person who is interested, the judgment shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law. All procedural aspects of this action shall be governed by the Mississippi Rules of Civil Procedure.
Codes, 1871, § 1517; 1880, § 2542; 1892, § 2846; 1906, § 3231; Hemingway's 1917, § 2533; 1930, § 2348; 1942, § 1109; Laws, 1991, ch. 573, § 77, eff. 7/1/1991.
Notes of Decisions
Cited in
27
cases (
4 in the last 5 years), 1976–2026 · leading case:
DuPree v. Carroll, 967 So. 2d 27 (Miss. 2007).
DuPree v. Carroll, 967 So. 2d 27 (Miss. 2007).
· cites it 4× “Miss.Code Ann. § 11-41-1 (Rev.2002). Our precedent has developed a four-part test to determine who may seek mandamus.”
Aldridge v. West, 929 So. 2d 298 (Miss. 2006).
· cites it 6× “Miss.Code Ann. § 11-41-1 (Rev.2002) (emphasis added).”
Bennett v. Bd. of Supervisors of Pearl River Cnty., 987 So. 2d 984 (Miss. 2008).
· cites it 7× “Miss.Code Ann. § 11-41-1 (Rev.2002). Our case law has expounded upon the remedy of mandamus by requiring that four essential elements coexist before a writ of mandamus may issue: (1) the petitioner must be authorized to bring the suit, (2) there must be a clear right in…”
Jackson Cnty. Sch. Bd. v. Osborn, 605 So. 2d 731 (Miss. 1992).
· cites it 4× “" Miss. Code Ann. § 11-41-1 . Osborn was clearly a private person, but his testimony was that he had no interest separate from or in excess of that of the general public.”
Allred v. Webb, 641 So. 2d 1218 (Miss. 1994).
· cites it 2× “Webb, pursuant to Miss. Code Ann. § 11-41-1 , et seq., (1972) and Rule 65 of the Mississippi Rules of Civil Procedure, filed a motion for a temporary restraining order, preliminary injunction and permanent injunction in the Circuit Court of Forrest County on June 21, 1991.”
USPCI of Miss. v. State Ex Rel. McGowan, 688 So. 2d 783 (Miss. 1997).
· cites it 2× “Miss. Code Ann. § 11-41-1 (Supp. 1993) states that a writ of mandamus shall issue on petition of the state by its attorney general or a district attorney on any matter of public interest or on petition of any private person who is interested.”
Fondren v. State Tax Comm'n, 350 So. 2d 1329 (Miss. 1977).
· cites it 2× “First and foremost are the historic writs of mandamus and prohibition. These writs are of only limited value for a private citizen who seeks to litigate a matter of general public interest, because Mississippi Code Annotated section 11-41-1 (1972) provides that the writs may…”
Shelton v. Puckett, 483 So. 2d 354 (Miss. 1986).
· cites it 2× “Miss. Code Ann. §§ 11-41-1 et seq. (1972); Rule 32, Miss.”
Ivy v. State, 688 So. 2d 223 (Miss. 1997).
· cites it 2× “Miss. Code Ann. §§ 11-41-1 and -3. Thus we have another objectively frivolous filing by Ivy for which sanctions may be imposed.”
In Re Moffett, 556 So. 2d 723 (Miss. 1990).
· cites it 2× “See, Miss. Code Ann. §§ 11-41-1 ; 11-41-21. MANDAMUS Boydstun v.”
City of Jackson v. Martin, 623 So. 2d 253 (Miss. 1993).
· cites it 7× “Miss.Code Ann. § 11-41-1 (1972). Thus, if the issue presented by Anita Martin’s complaint was merely one of enforcing a Civil Commission order, and Anita Martin had no other “plain, adequate, and speedy” access to the remedy she sought, the plain language of § 11-41-1 clearly…”
In Re Chisolm, 837 So. 2d 183 (Miss. 2003).
· cites it 2× “Miss.Code Ann. § 11-41-1 (Rev. 2002) gives the remedy of mandamus and provides: On the complaint of .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.