Legal Opinion

Board of Education of Madison County v. Fowler

Supreme Court of Georgia

Decided April 16, 1941No. 13627PublishedCited by 9 opinions

1Opinion of the Court

Jenkins, Justice.

Under our statutes, while in equity cases “it is the province of the judge . . to determine upon whom the costs shall fall” (Code, § 37-1105), and “this court will not interfere unless [his] discretion has been abused” (Hicks v. Atlanta Trust Co., 187 Ga. 314 (2), 315, 200 S. E. 301, and cit.; Fitzgerald v. Vaughn, 189 Ga. 707 (3), 711, 7 S. E. 78), yet in all civil actions at law, “except as otherwise provided, the party who shall discontinue, fail, or be cast in such suit shall be liable for the costs thereof.” Code, § 24-3401. “The writ of mandamus is a common-law writ…

2Cases cited8 opinions

  1. Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
  2. Fitzgerald v. VaughnSupreme Court of Georgia · 1940
  3. Hicks v. Atlanta Trust Co.Supreme Court of Georgia · 1938
  4. Gay v. GilmoreSupreme Court of Georgia · 1886
  5. Wheeler v. WalkerSupreme Court of Georgia · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Woodside v. Fulton CountySupreme Court of Georgia · 1967
  2. Lewin v. Board of TrusteesCalifornia Court of Appeal · 1976
  3. Dillard v. YeldellDistrict of Columbia Court of Appeals · 1975
  4. Bragassa v. BragassaSupreme Court of Georgia · 1943
  5. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001

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