Richardson v. Awtry Lowndes Company

Jenkins, Chief Justice.

1. “To entitle one to the writ of mandamus it must appear that he has a clear legal right to have performed the particular act which he seeks to have enforced.” City of Atlanta v. Blackman Health Resort, 153 Ga. 499 (5) (113 S. E. 545); Speed Oil Co. v. Aldredge, 192 Ga. 285 (15 S. E. 2d, 214). “Before mandamus will issue, the law must not only authorize the act to be done, but must require its performance.” Hart v. Head, 186 Ga. 823, 824 (199 S. E. 125); Murphy v. Withers, 204 Ga. 60 (48 S. E. 2d, 721).

2. In the instant action for mandamus to compel the Clerk of…