Richmond County v. Steed
Supreme Court of Georgia
Petition lor mandamus. Before Judge Hammond. Richmond superior court. August '1, 1919. The will of J. B. White, in which Judge B. H. Callaway of Richmond County, Georgia, was named as executor, was probated in the court of ordinary of Richmond County in 1917, and letters testamentary were duly issued to the executor named.
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Petition lor mandamus. Before Judge Hammond. Richmond superior court. August '1, 1919. The will of J. B. White, in which Judge B. H. Callaway of Richmond County, Georgia, was named as executor, was probated in the court of ordinary of Richmond County in 1917, and letters testamentary were duly issued to the executor named. The executor filed an inventory of the estate, from which it appeared that the testator at the time of his death owned more than a million dollars worth of stocks and bonds in foreign corporations, and other choses in action. These securities were in the possession of New…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
1. Section 5440 of the Civil Code declares: “ 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.” Ordinarily the writ of mandamus is a remedy *232for official inaction. City of Atlanta v. Wright, 119 Ga. 207 (45 S. E. 994). Where the act required to be done is imposed by law and is peremptory and absolute, and hence merely…
2Cases cited8 opinions
- City of Atlanta v. WrightSupreme Court of Georgia · 1903
- State v. Western & Atlantic R.Supreme Court of Georgia · 1911
- Tarver v. Mayor of DaltonSupreme Court of Georgia · 1910
- Jackson v. CochranSupreme Court of Georgia · 1910
- State ex rel. Dawson v. Parsons Street Railway & Electrical Co.Supreme Court of Kansas · 1909
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3Cited by33 opinions
- Stegall v. Southwest Ga. Housing AuthoritySupreme Court of Georgia · 1944
- Bohler v. CallawaySupreme Court of the United States · 1925
- Thomas v. RagsdaleSupreme Court of Georgia · 1939
- Stegall v. Southwest Georgia Regional Housing AuthoritySupreme Court of Georgia · 1944
- Bryant v. Board of EducationSupreme Court of Georgia · 1923
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