Cole v. Foster

Atkinson, Presiding Justice.

(After stating the foregoing facts.)

Cole insists that his motion to dismiss the petition should have been granted for the reason.that, under the act, the board of commissioners did not have the right to require the payment of the money to be made to them, as the act requires that the money be paid to the treasurer of the board of commissioners.

In a suit for mandamus, the duty sought to be enforced must be one arising by law, either expressly or by necessary implication. The law must not only authorize the act, but must require it. Sibley v. Park, 175 Ga. 846 (166…