Jackson v. Cochran
Supreme Court of Georgia
Mandamus. - Before Judge Pendleton. Fulton superior court. W. A. Cochran filed a petition against E. E. Jackson, alleging, that petitioner and one Maulding were duly elected constables and defendant Jackson justice of the peace for the 1422d district G.M., Fulton county; that petitioner and Maulding and defendant Jackson each duly qualified, received- their commissions, and together entered upon the duties of their respective offices.
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Mandamus. - Before Judge Pendleton. Fulton superior court. W. A. Cochran filed a petition against E. E. Jackson, alleging, that petitioner and one Maulding were duly elected constables and defendant Jackson justice of the peace for the 1422d district G.M., Fulton county; that petitioner and Maulding and defendant Jackson each duly qualified, received- their commissions, and together entered upon the duties of their respective offices. Petitioner alleged that he and Maulding held themselves ready at all times to serve summonses, levy executions, and perform all other services and duties…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
While the writ of mandamus will issue to compel a due performance of official duties, it will not be granted to compel the performance of such a series of acts as that, in enforcing the observance of the writ, the court issuing the same would have to undertake to oversee and control the general course of official conduct of the party to whom the writ is directed. In the case of Patterson v. Taylor, 98 Ga. 646 (25 S. E. 771), it was said: “Mandamus will not lie to compel a public officer to do an act not clearly commanded by law. ‘It is only practicable by…
2Cases cited2 opinions
- Diamond Match Co. v. PowersMichigan Supreme Court · 1883
- Patterson v. TaylorSupreme Court of Georgia · 1896
3Cited by20 opinions
- Matter of Walsh v. LaguardiaNew York Court of Appeals · 1936
- Moore v. RobinsonSupreme Court of Georgia · 1949
- Thomas v. RagsdaleSupreme Court of Georgia · 1939
- Richmond County v. SteedSupreme Court of Georgia · 1920
- Adkins v. BennettSupreme Court of Georgia · 1912
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