Southern Railway Co. v. Atlanta Stove Works
Supreme Court of Georgia
Mandamus. Before Judge Pendleton. Fulton superior court. June 18, 1906. The Atlanta Stove Works applied to the superior court of Fulton county for the writ of mandamus against the Southern Bailway Company. The petition alleges, that the petitioner is a corporation, duly organized under the laws of the State of Georgia, and engaged in the business of manufacturing and selling stoves, ranges, hollow-ware and other similar products.
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Mandamus. Before Judge Pendleton. Fulton superior court. June 18, 1906. The Atlanta Stove Works applied to the superior court of Fulton county for the writ of mandamus against the Southern Bailway Company. The petition alleges, that the petitioner is a corporation, duly organized under the laws of the State of Georgia, and engaged in the business of manufacturing and selling stoves, ranges, hollow-ware and other similar products. The Southern Bailway Company, which is named as defendant, is a corporation of the State of Virginia, and is a common carrier, operating lines of railroad in the…
1Opinion of the CourtEvans, J.
(After stating the foregoing facts.)
1, 2. By demurrer the railroad company disputed the plaintiff’s right, under the allegations of the petition, to the remedy of mandamus. The writ of mandamus is of most ancient origin. It issued from a common-law court, to afford extraordinary legal relief in cases where the ordinary remedy at law was inadequate. Originally it was a prerogative writ, so called from the fact that it proceeded from the king himself, in his court of king’s bench, and was granted where one was-entitled to-an office or function, and there was no other remedy. High, Ex: Leg.…
2Cases cited19 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Chicago, Milwaukee & St. Paul Railway Co. v. TompkinsSupreme Court of the United States · 1900
- Dow v. BeidelmanSupreme Court of the United States · 1888
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3Cited by18 opinions
- So. Bell T. T. Co. v. Georgia Pub. Ser. Comm.Supreme Court of Georgia · 1948
- Southern Bell Telephone & Telegraph Co. v. Georgia Public Service CommissionSupreme Court of Georgia · 1948
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Puget Sound Electric Railway v. Railroad CommissionWashington Supreme Court · 1911
- Gregg v. Public Service CommissionCourt of Appeals of Maryland · 1913
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