Adkins v. Bennett

1. In order to entitle one to the writ of mandamus, it must appear that he has a clear legal right to have the particular act performed, the doing of which he seeks to have enforced. Civil Code, § 5440; State v. Georgia Medical Society, 38 Ga. 628 (5) (95 Am. D. 408); Jackson v. Cochran, 134 Ga. 396 (67 S. E. 825, 20 Ann. Cas. 219); 26 Cyc. 151.

2. An appeal from a justice’s court to the superior court lies in a claim case only when the amount of the execution or the value of the property claimed exceeds the sum of fifty dollars. Acts 1874, p. 85; Civil Code, § 4998; Napier v. Woodall, 118 Ga.…