Legal Opinion
Henderson v. McVay
Supreme Court of Georgia
Decided January 26, 1998No. S97A1764PublishedCited by 28 opinions
1Opinion of the Court
Fletcher, Presiding Justice.
J. Perry Henderson, as executor, filed a petition in probate court to probate in common form the 1993 will of Alice Dora Little. After probate was delayed, Henderson filed this mandamus action in superior court seeking to compel Probate Judge Kipling L. McVay to probate the will. The superior court denied the petition for mandamus. Because an order granting probate in common form is a judicial act and Henderson does not have a clear legal right to the relief he seeks, we affirm.
1. Mandamus is an extraordinary remedy to compel a public officer to perform a required…
2Cases cited13 opinions
- State v. FlemingSupreme Court of Georgia · 1980
- Birt v. StateSupreme Court of Georgia · 1986
- South View Cemetery Association v. HaileySupreme Court of Georgia · 1945
- City of Atlanta v. Wansley Moving & Storage Co.Supreme Court of Georgia · 1980
- Hooks v. BrownSupreme Court of Georgia · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Titelman v. StedmanSupreme Court of Georgia · 2003
- Schrenko v. DeKalb County School DistrictSupreme Court of Georgia · 2003
- MONDY v. MAGNOLIA ADVANCED MATERIALS, INCSupreme Court of Georgia · 2018
- Mondy v. Magnolia Advanced Materials, Inc.Supreme Court of Georgia · 2018
- Henderson v. StateSupreme Court of Georgia · 2014
23 more not listed; retrieve them via the Exa API.