Title 9

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…

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…

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 &…

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…

(a) Upon the presentation of an application for mandamus, if the mandamus nisi is granted the judge shall cause the same to be returned for trial not less than ten nor more than 30 days from such date. The defendant shall be served at least five days before the time fixed for the h…

(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 …

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…

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…

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…

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…

The question of who is the lawful Governor of this state may not be tried by quo warranto, but the writ of quo warranto will lie to all other civil or military officers. History. Orig. Code 1863, § 3134; Code 1868, § 3146; Ga. L. 1871-72, p. 41, § 1; Code 1873, §§ 3202, 3206; Ga.…

The writ of quo warranto may be granted at any time, on proper 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 1910, § 544…

(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. (…

(a) In all applications for writs of quo warranto, of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant involves only questions of law, the same may be determined, as are eq…

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…

Writ lies against civil and military officers; Governor exempt. When granted; how issues of fact tried. Service of writ and process. How issues of law determined; time for final determination; appeal; application to issues of fact. Jury trial where facts at issue; time of trial; c…