Davis v. Arthur
Supreme Court of Georgia
Petition for mandamus. -Before Judge Frank Park. Dougherty superior court. September 26, 1912. Certain citizens and taxpayers of Dougherty county filed a petition for mandamus against the jury commissioners of that county, alleging as follows: In the last jury revision, notwithstanding there were more than 1,300 persons from which to select the grand and traverse juries, a large majority of whom were intelligent and upright within the meaning of the constitution of the…
Read the full summary
Petition for mandamus. -Before Judge Frank Park. Dougherty superior court. September 26, 1912. Certain citizens and taxpayers of Dougherty county filed a petition for mandamus against the jury commissioners of that county, alleging as follows: In the last jury revision, notwithstanding there were more than 1,300 persons from which to select the grand and traverse juries, a large majority of whom were intelligent and upright within the meaning of the constitution of the State, only 262 were selected for jury service; of which number 109 were selected as grand jurors. The last jury-list…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The propriety of the remedy of mandamus is raised by the demurrer. “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.” Civil Code, § 5440. Where there *78is no other adequate, speedy, and effective remedy, mandamus will lie to prevent a failure of justice, upon reasons of public policy, to preserve peace, order, and good…
2Cases cited4 opinions
- Rawlins v. StateSupreme Court of Georgia · 1905
- Thomas v. StateSupreme Court of Georgia · 1881
- Wilson v. StateSupreme Court of Georgia · 1882
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
3Cited by32 opinions
- Wright v. DilbeckCourt of Appeals of Georgia · 1970
- Herndon v. StateSupreme Court of Georgia · 1934
- Haden v. StateSupreme Court of Georgia · 1933
- Toler v. GoodinSupreme Court of Georgia · 1946
- Avery v. StateSupreme Court of Georgia · 1952
27 more not listed; retrieve them via the Exa API.