Colonial Dairies Inc. v. City of Albany

Head, Justice.

“There is always a prima facie presumption in favor of the good faith of the officer, and he who assails his official acts by employing the remedy of mandamus must prefer specific charges. . . Allegations of evidentiary facts tending to establish the ultimate fact, but which do not furnish a conclusive inference of the ultimate fact, are insufficient to excuse the absence of a positive allegation of such ultimate fact.” Davis v. Arthur, 139 Ga. 74, 80 (76 S. E. 676); McGinty v. Gormley, 181 Ga. 644, 649 (183 S. E. 804). Under the foregoing rule, the petition failed to allege any…