Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-6-20 Rigby v
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Boatright, 294 Ga. 253, 751 S.E.2d 851, 2013 Ga. LEXIS 996 (2013). Mandamus properly dismissed where no legal duty imposed on official to issue salary vouchers. — Where no duty was imposed by law upon the Secretary of State to issue vouchers for salary due to members of the State…
O.C.G.A. § 9-6-21 Not a private remedy; enforcement of officer’s discretionary acts
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(a) Mandamus shall not lie as a private remedy between individuals to enforce private rights nor to a public officer who has an absolute discretion to act or not to act unless there is a gross abuse of such discretion. However, mandamus shall not be confined to the enforcement of …
O.C.G.A. § 9-6-22 Enforcement of officer’s duties under Title 5
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If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose a…
O.C.G.A. § 9-6-23 Enforcement of corporation’s public duty
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A private person may by mandamus enforce the performance by a corporation of a public duty as to matters in which he has a special interest. History. Civil Code 1895, § 4869; Civil Code 1910, § 5442; Code 1933, § 64-103. History of Section. The language of this Code section is de…
O.C.G.A. § 9-6-24 What interest required to enforce public right
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Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced. History. C…
O.C.G.A. § 9-6-25 Loss prerequisite to enforcing private right
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In order for a plaintiff to enforce a private right by mandamus he must show pecuniary loss for which he cannot be compensated in damages. History. Code 1933, § 64-105. History of Section. The language of this Code section is derived in part from the decisions in At- lantic Ice &…
O.C.G.A. § 9-6-26 Mandamus not granted where fruitless, nor on suspicion
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Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act. History. Orig. Code 1863, § 3132; Code 1868, § 3144; Code 187…
O.C.G.A. § 9-6-28 Appeal
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(a) Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal. (b) Mandamus cases shall be heard on appeal under the same laws …
O.C.G.A. § 9-6-40 Prohibition counterpart of mandamus
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The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, ne…
O.C.G.A. § 9-6-41 When writ granted; time for return; trial of fact issues
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The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases. History. Code 1863, §§ 3133, 3136; Code 1868, §§ 3145, 3148; Code 1873, §§ 3201, 3209a; Code 1882, §§ 3201, 320…
O.C.G.A. § 9-6-42 Prohibition against executive and military officers; Governor exempt
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The writ of prohibition will not lie to the duly inaugurated Governor, but it lies to all other executive or military officers when acting as a judicial or quasi-judicial tribunal. History. Orig. Code 1863, § 3134; Code 1868, § 3146; Code 1873, § 3202; Code 1882, § 3202; Civil Co…
O.C.G.A. § 9-6-60 MacDougald v
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Phillips, 262 Ga. 778, 425 S.E.2d 652, 1993 Ga. LEXIS 293 (1993). Issuance of quo warranto improper. — Trial court erred in granting a citizen a writ of quo warranto revoking county board of equalization (BOE) members’ appointments because although BOE members were public officer…
O.C.G.A. § 9-6-62 When granted; how issues of fact tried
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The writ of quo warranto may be granted at any time, on proper 540 9-6-63 showing made. Any issue of fact made thereon must be tried as in equity cases. History. Orig. Code 1863, § 3133; Code 1868, § 3145; Code 1873, § 3201; Code 1882, § 3201; Civil Code 1895, § 4876; Civil Code …
O.C.G.A. § 9-6-63 Service of writ and process
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(a) As used in this Code section, the term “personal service” means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant. (b) The writ and process in a quo warranto proceeding shall be served on the defendant personally. (…
O.C.G.A. § 9-6-65 Jury trial where facts at issue; time of trial; continuances
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In cases where the facts alleged are denied by the defendant or defendants on oath, the judge shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall have the power to fix a day for trial of the issue of fact with an order that the she…
O.C.G.A. § 9-6-66 Disposition of books and papers by judgment
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Whenever the right to any office is decided, the judgment fixing the right shall further provide for the delivery to the person held to be entitled to the office of all the books and papers of every sort belonging to the office, which judgment shall be enforced as decrees in equit…