Gay v. City of Lyons

Hawkins, Justice.

1. While mandamus proceedings when instituted do not relate back to the time of the accrual of the right thereto, and the duty to be enforced must be a duty which exists at the time when the application fon the writ is made or the writ is granted, and if for any reason the duty no longer exists at the time the application is made, the writ must be denied (55 C. J. S. 108), and while a writ of mandamus will not in general be allowed, unless the act commanded to be done is legally possible before the writ issues (McGill v. Osborne, 131 Ga. 541, 544, 62 S. E. 811), where, as in…