Wood v. Board of Education
Supreme Court of Georgia
Petition for mandamus. Before Judge Kawlings. Washington superior court. August 9, 1911. Wade H. Wood applied for the writ of mandamus against the members of the board of education of Washington county. He alleged, in brief, as follows.
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Petition for mandamus. Before Judge Kawlings. Washington superior court. August 9, 1911. Wade H. Wood applied for the writ of mandamus against the members of the board of education of Washington county. He alleged, in brief, as follows. He is a resident, citizen, and taxpayer of that county, and also has an interest in the office of county commissioner of education, commonly known as county school commissioner, being the person commissioned to hold office until the end of the present term, with the right to stand for. election for another term. The county board of education has jurisdiction…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) It is declared by the code of this State that mandamus does not lie “to a public officer who has an absolute discretion to act or not, unless there is a gross abuse of such discretion; but it is not confined to the enforcement of mere ministerial duties.” Civil Code (1910), § 5441. “Ordinarily the writ of mandamus is a remedy for official inaction. It does not lie to control the conduct of an officer vested with a discretion, except where the exercise of that discretion has been so capricious or arbitrary as to amount to a gross abuse.” City of Atlanta v.…
2Cases cited3 opinions
- City of Atlanta v. WrightSupreme Court of Georgia · 1903
- Patterson v. TaylorSupreme Court of Georgia · 1896
- Dale v. BarnettSupreme Court of Georgia · 1898
3Cited by8 opinions
- Richmond County v. SteedSupreme Court of Georgia · 1920
- Daniels v. Commissioners of Pilotage for the Bar of Tybee & RiverSupreme Court of Georgia · 1917
- Douglas v. Board of EducationSupreme Court of Georgia · 1927
- McGinty v. GormleySupreme Court of Georgia · 1935
- Touchton v. Echols CountySupreme Court of Georgia · 1954
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