Legal Opinion

Hayes v. Brown

Supreme Court of Georgia

Decided April 14, 1949No. 16585PublishedCited by 4 opinions

1Opinion of the Court

Wyatt, Justice.

“All official duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensue from a failure or improper performance, the writ of mandamus may issue to compel a due performance, if there' shall be no other specific legal remedy for the legal rights.” Code, § 64-101. “The right to the extraordinary aid of mandamus does not exist when there is available to the party seeking the writ a specific legal remedy.” DeBerry v. Spikes, 188 Ga. 222 (3 S. E. 2d, 719), and cit. Ordinarily, errors of law committed by a justice of the peace in the…

2Cases cited5 opinions

  1. Scott v. BedellSupreme Court of Georgia · 1899
  2. Single Manufacturing Co. v. McNeal Paint & Glass Co.Supreme Court of Georgia · 1903
  3. Cheek v. EveSupreme Court of Georgia · 1936
  4. DeBerry v. SpikesSupreme Court of Georgia · 1939
  5. Wade v. Combined Mutual Casualty Co.Supreme Court of Georgia · 1946

3Cited by4 opinions

  1. Rossi v. PriceSupreme Court of Georgia · 1976
  2. Gilbert v. PridgenSupreme Court of Georgia · 2012
  3. PHILLIPS v. JACKSON, JUDGESupreme Court of Georgia · 2022
  4. Bledsoe v. BankeSupreme Court of Georgia · 1989

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