Wade v. Combined Mutual Casualty Co.

Head, Justice.

(After stating the foregoing facts.) It is strongly contended here that the trial court should have dismissed the original petition, under the rule that in order for a party to enforce a private right by mandamus he must show pecuniary loss for which he can not be compensated in damages. Atlantic Ice & Coal Corp. v. Decatur, 154 Ga. 883 (115 S. E. 913). If the petition showed a right in the plaintiff in the court below to confess judgment and to enter its appeal to a jury in the superior court, and that this right was denied by the justice of the peace in refusing to file its…