If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose any right by reason of the failure of the officer to discharge his duties when the party has been guilty of no fault himself and has exercised ordinary diligence to secure the discharge of such duties.

(Laws 1845, Cobb's 1851 Digest, p. 450; Code 1863, § 4172; Code 1868, § 4204; Code 1873, § 4264; Code 1882, § 4264; Civil Code 1895, § 5555; Civil Code 1910, § 6169; Code 1933, § 6-918.)

JUDICIAL DECISIONS

Clerks of superior and city courts are amenable to writ of mandamus to require them to perform their duties when they refuse, or for any cause fail to act. But if they act at all, however, erroneously, they are not liable to this process. Jones v. Smith, 83 Ga. App. 798, 65 S.E.2d 188 (1951).

Concurrent jurisdiction of courts.

- Under this section, the appellate courts and the superior court have concurrent jurisdiction to compel by mandamus the performance of any duty of the officers of the superior court which may be necessary, and where the issues are such as cannot be determined by the appellate courts, it may dismiss the application and transmit the case to the superior court. Cooper v. Nisbet, 118 Ga. 872, 45 S.E. 692 (1903) (see O.C.G.A. § 9-6-22).

Cited in Butts County v. Pitts, 214 Ga. 12, 102 S.E.2d 480 (1958); DeFee v. Williams, 114 Ga. App. 571, 151 S.E.2d 923 (1966).

Syfert Injury Law Firm

2018 Georgia Code 9-6-22 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 6. Extraordinary Writs, 9-6-1 through 9-6-66.

ARTICLE 2 MANDAMUS

9-6-22. Enforcement of officer's duties under Title 5.

JUDICIAL DECISIONS

Concurrent jurisdiction of courts.

Cases Citing Georgia Code 9-6-22 From Courtlistener.com

Scott v. Scott