Kingsbery v. People's Furniture Co.
Supreme Court of Georgia
Mandamus. Before Judge Pendleton. Fulton superior court. December 24, 1907. The defendant in error was sued by John Carter, in the justice’s court over which the plaintiff in error presided as notary public and ex-officio justice of the peace. From the judgment of the justice in favor of the defendant, Carter entered an appeal to a jury in the justice’s court.
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Mandamus. Before Judge Pendleton. Fulton superior court. December 24, 1907. The defendant in error was sued by John Carter, in the justice’s court over which the plaintiff in error presided as notary public and ex-officio justice of the peace. From the judgment of the justice in favor of the defendant, Carter entered an appeal to a jury in the justice’s court. On September 24, 1907, the day set for the trial of the case, the defendant’s attorney was present, with his witnesses, but the plaintiff was absent. "Upon motion of the defendant to dismiss the case for want of prosecution, the justice…
1Opinion of the CourtHolden, J.
(After stating the facts). The Civil Code, §4867, provides: “All official duties should be faithfully fulfilled, and whenever, from any cause, a defect of legal justice would ensue from a failure or improper fulfillment, the writ of mandamus may issue to compel a due performance, if there be no other specific legal remedy for 'the legal rights.” Conceding that the People’s Furniture Company had the legal right to have the magistrate enter on his docket a judgment of dismissal of the ease, was mandamus, under the facts stated, the remedy by which to have this done? Mandamus was not the proper…
2Cases cited5 opinions
- State ex rel. Waring v. Georgia Medical SocietySupreme Court of Georgia · 1869
- Leonard v. HouseSupreme Court of Georgia · 1854
- Single Manufacturing Co. v. McNeal Paint & Glass Co.Supreme Court of Georgia · 1903
- Napier v. PoeSupreme Court of Georgia · 1852
- Sing Wah v. SingerSupreme Court of Georgia · 1900
3Cited by4 opinions
- McDonald v. Farmers Supply Co.Supreme Court of Georgia · 1915
- Cheek v. EveSupreme Court of Georgia · 1936
- Rossi v. PriceSupreme Court of Georgia · 1976
- Williams v. SmithCourt of Appeals of Georgia · 1941