Manor v. McCall
Supreme Court of Georgia
Application for Mandamus, before Judge Holt, in Scrivencounty The Legislature of Georgia, in 1847, by an Act, fixed the county site of Scriven county, at Sylvania, and appointed the relators, plaintiffs m error, commissioners to lay out the town, sell the lots, and sell the old Court-House and lots at Jacksonboi'o,” and “ for the purppse of contracting for, and having built, a Court-House and jail, at the new county site.”
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Application for Mandamus, before Judge Holt, in Scrivencounty The Legislature of Georgia, in 1847, by an Act, fixed the county site of Scriven county, at Sylvania, and appointed the relators, plaintiffs m error, commissioners to lay out the town, sell the lots, and sell the old Court-House and lots at Jacksonboi'o,” and “ for the purppse of contracting for, and having built, a Court-House and jail, at the new county site.” The proceeds of these sales were to be applied to the building of the new Court-House and Jail. The 5th section of the Act reads as follows : “ That the Justices of the…
1Opinion of the Court
By the Court.
Lumpkín, J.
delivering the opinion.
There are two questions presented by the record in this, case.
1st. Have the relators such legal right in the matter, as to eiititle them to the remedy which they seek 1
And 2d. Will the Superior Court control by mandamus, the discretion of the Inferior Court of Scriven county, in the case.
[1.] The first question is readily solved, by reference to the Statute of 1847. (Pamphlet Acts, p. 74.) This Act was passed, *525as its title shows, “ to establish and make permanent the new county site,” “to provide for building a Court-House and county Jail…
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