Daniels v. Commissioners of Pilotage for the Bar of Tybee & River
Supreme Court of Georgia
Petition for mandamus. Before Judge Kent. Chatham superior court. December 14, 1916. W. T. Daniels and E. 0. Daniels instituted an action against the Commissioners of Pilotage for the Bar of Tybee and the 'Eiver of Savannah, for the writ of mandamus to compel the respondents as public officers to grant authority to the relators and their associates to use and operate a designated boat as a pilot boat for the bar of Tybee and river of Savannah and the several bars »and inlets…
Read the full summary
Petition for mandamus. Before Judge Kent. Chatham superior court. December 14, 1916. W. T. Daniels and E. 0. Daniels instituted an action against the Commissioners of Pilotage for the Bar of Tybee and the 'Eiver of Savannah, for the writ of mandamus to compel the respondents as public officers to grant authority to the relators and their associates to use and operate a designated boat as a pilot boat for the bar of Tybee and river of Savannah and the several bars »and inlets north of Sapelo bar, and to require them to revoke a certain order theretofore passed by the commissioners whereby…
1Opinion of the CourtAtkinson, J.
1. The ruling announced in the first headnoto does not require elaboration.
2. In the Civil Code, § 5440, it is declared: “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 remedy for the legal rights.” *301The trial judge dismissed the action for the writ of mandamus solely upon the ground that the plaintiffs had a legal remedy by thority to use the boat “Cumberland,” because they conceived,…
2Cases cited12 opinions
- City of Atlanta v. WrightSupreme Court of Georgia · 1903
- Mayor of Macon v. ShawSupreme Court of Georgia · 1854
- Carr v. City Council of AugustaSupreme Court of Georgia · 1905
- Ison v. Mayor of GriffinSupreme Court of Georgia · 1896
- Muir's Adm'rs v. City of BardstownCourt of Appeals of Kentucky · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- South View Cemetery Association v. HaileySupreme Court of Georgia · 1945
- City of Atlanta v. Blackman Health Resort Inc.Supreme Court of Georgia · 1922
- Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
- City of MacOn v. HerringtonSupreme Court of Georgia · 1944
- City of Valdosta v. HarrisSupreme Court of Georgia · 1923
22 more not listed; retrieve them via the Exa API.