Legal Opinion

Jones v. Bank of Cumming

Supreme Court of Georgia

Decided November 24, 1908PublishedCited by 21 opinions

Mandamus. Before Judge Gober. Forsyth superior court. August 24, 1908. The Bank of Gumming filed its application for the writ of mandamus against Jones as ordinary of Forsyth county, alleging, in brief, as follows: The jurisdiction over county matters and the management of all county business in Forsyth county is vested in the ordinary.

Read the full summary

Mandamus. Before Judge Gober. Forsyth superior court. August 24, 1908. The Bank of Gumming filed its application for the writ of mandamus against Jones as ordinary of Forsyth county, alleging, in brief, as follows: The jurisdiction over county matters and the management of all county business in Forsyth county is vested in the ordinary. The defendant occupies that office and discharges its duties, as well as that of clerk of the court of ordinary, having no legally appointed and qualified clerk of that court. He had authority to make contracts on behalf of the county with other persons' for…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

“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, §4867. Was there a legal duty on the part of the ordinary to enter on his minutes the contract for the building of the court-house, and the order given by the contractor to the bank, and his acceptance thereof? If so, would there, from any cause, ensue a defect of…

2Cases cited21 opinions

  1. Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
  2. Prescott v. GonserSupreme Court of Iowa · 1872
  3. Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
  4. Savannah & Ogeechee Canal Co. v. ShumanSupreme Court of Georgia · 1893
  5. Akin v. OrdinarySupreme Court of Georgia · 1875

16 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Ross v. Hall County Board of CommissionersSupreme Court of Georgia · 1975
  2. Weathers v. EasterlingSupreme Court of Georgia · 1922
  3. Board of Commissioners v. MacDougald Construction Co.Supreme Court of Georgia · 1924
  4. Malcom v. Fulton CountySupreme Court of Georgia · 1952
  5. Murray County v. PickeringCourt of Appeals of Georgia · 1931

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API