Moody v. Fleming
Supreme Court of Georgia
This was an application to this court for a mandamus to be directed to his Honor, Judge Fleming; founded on a refusal by him to grant, on the application of the relator, a mandamus, to be directed to the county surveyor of Liberty county, William Hughes, commanding him to certify and send up, as county surveyor, a survey made by his deputy, under a head right warrant, issued in favor of the relator.
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This was an application to this court for a mandamus to be directed to his Honor, Judge Fleming; founded on a refusal by him to grant, on the application of the relator, a mandamus, to be directed to the county surveyor of Liberty county, William Hughes, commanding him to certify and send up, as county surveyor, a survey made by his deputy, under a head right warrant, issued in favor of the relator. The grounds taken in the application to the court below, and the reasons of Judge Fleming for refusing the application, are sufficiently set out in the opinion to the court.
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The petition before Judge Fleming for a mandamus against William Hughes, discloses the following facts:
The relator, James Moody, under a warrant from the Land Court of the county of Liberty, caused a certain tract of land, containing some seven hundred acres, to be surveyed by the deputy of the county Surveyor for that county, as vacant land. The survey was returned by the assistant Surveyor to his principal, the county Surveyor, who upon application for that purpose by the relator,refused to certify and transmit the same, as the law directs, to…
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