Legal Opinion
Bulloch County v. Ritzert
Supreme Court of Georgia
Decided February 10, 1958No. 19923PublishedCited by 5 opinions
1Opinion of the Court
Duckworth, Chief Justice.
1. Mandamus will lie to compel public officers to perform specific acts where the law requires performance thereof as a clear legal duty. Code §§ 64-101, 23-1701; Graham v. Beacham, 189 Ga. 304 (5 S. E. 2d 775); Hartsfield v. Salem, 213 Ga. 760 (101 S. E. 2d 701).
2. But the writ of mandamus is personal and issues to the individual to compel performance, and it does not reach the office but is directed against the officer to compel him to per form the required legal duty. 34 Am. Jur. 812, § 7; Bryant v. Mitchell, 195 Ga. 135 (23 S. E. 2d 410); McCallum v. Bryan, 213…
2Cases cited4 opinions
- Graham v. BeachamSupreme Court of Georgia · 1939
- McCallum v. BryanSupreme Court of Georgia · 1957
- Hartsfield v. SalemSupreme Court of Georgia · 1958
- Bryant v. MitchellSupreme Court of Georgia · 1942
3Cited by5 opinions
- Guhl v. TuggleSupreme Court of Georgia · 1978
- Lloyd v. Third Judicial District Court in & for Salt Lake CountyUtah Supreme Court · 1972
- City of Hoschton v. Horizon CommunitiesSupreme Court of Georgia · 2010
- Lomax v. McBrayerSupreme Court of Georgia · 1982
- City of Homerville v. TouchtonSupreme Court of Georgia · 2007