§ 9-6-60. For What Purpose Quo Warranto May Issue; Who May Bring Action
The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging. It may be granted only after the application by some person either claiming the office or interested therein. History. Orig. Code 1863, § 3135; Code 1868, § […]
§ 9-6-61. Writ Lies Against Civil and Military Officers; Governor Exempt
The question of who is the lawful Governor of this state may not be tried by quo warranto, but the writ of quo warranto will lie to all other civil or military officers. History. Orig. Code 1863, § 3134; Code 1868, § 3146; Ga. L. 1871-72, p. 41, § 1; Code 1873, §§ 3202, 3206; […]
§ 9-6-62. When Granted; How Issues of Fact Tried
The writ of quo warranto may be granted at any time, on proper showing made. Any issue of fact made thereon must be tried as in equity cases. History. Orig. Code 1863, § 3133; Code 1868, § 3145; Code 1873, § 3201; Code 1882, § 3201; Civil Code 1895, § 4876; Civil Code 1910, § […]
§ 9-6-63. Service of Writ and Process
As used in this Code section, the term “personal service” means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant. The writ and process in a quo warranto proceeding shall be served on the defendant personally. Service of the writ and process in […]
§ 9-6-64. How Issues of Law Determined; Time for Final Determination; Appeal; Application to Issues of Fact
In all applications for writs of quo warranto, of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant involves only questions of law, the same may be determined, as are equitable proceedings, by the judge of the […]
§ 9-6-65. Jury Trial Where Facts at Issue; Time of Trial; Continuances
In cases where the facts alleged are denied by the defendant or defendants on oath, the judge shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall have the power to fix a day for trial of the issue of fact with an order […]
§ 9-6-66. Disposition of Books and Papers by Judgment
Whenever the right to any office is decided, the judgment fixing the right shall further provide for the delivery to the person held to be entitled to the office of all the books and papers of every sort belonging to the office, which judgment shall be enforced as decrees in equity are enforced. History. Ga. […]
§ 9-6-24. What Interest Required to Enforce Public Right
Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced. History. Code 1933, § 64-104. Law […]
§ 9-6-25. Loss Prerequisite to Enforcing Private Right
In order for a plaintiff to enforce a private right by mandamus he must show pecuniary loss for which he cannot be compensated in damages. History. Code 1933, § 64-105. History of Code section. The language of this Code section is derived in part from the decisions in Atlantic Ice & Coal Corp. v. Town […]
§ 9-6-26. Mandamus Not Granted Where Fruitless, nor on Suspicion
Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act. History. Orig. Code 1863, § 3132; Code 1868, § 3144; Code 1873, […]