O.C.G.A. § 9-6-25 (2019)
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 Section. The language of this Code section is derived in part from the decisions in At-
lantic Ice & Coal Corp. v. Town of Decatur, 154 Ga. 882, 115 S.E. 912 (1923), and Board of Comm’rs v. Montgomery, 170 Ga. 361, 153 S.E. 34 (1930).
Annotations
JUDICIAL DECISIONS This provision is not of statutory origin, but is a mere codification of a common-law principle. Head v. Waldrup, 197 Ga. 500, 29 S.E.2d 561, 1944 Ga. LEXIS 275 (1944) (see O.C.G.A. § 9-6-25). Denial of insurance license is irreparable injury justifying mandamus. - Where the refusal of the Insurance Commissioner to renew an insurance company’s license is without justification, the failure to perform this official duty will irreparably injure the company, and therefore its petition alleges a cause of action for mandamus. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87, 1952 Ga. LEXIS 313 (1952). Voter has sufficient interest in preventing unlawful extension of term of office. - Where a citizen, taxpayer, and voter files a petition for the writ of mandamus against the mayor and councilmen of a municipality, asserting that they are extending their terms of office and refusing to call an election to elect their successors in violation of the terms of the charter of the municipality, and are predicating their position upon the provisions of an
Act of the General Assembly, the voter has such interest and right, and sustains such injury to the voter by the enforcement of the terms of the Act, as to authorize the voter to attack the Act as being unconstitutional. Manning v. Upshaw, 204 Ga. 324, 49 S.E.2d 874, 1948 Ga. LEXIS 436 (1948). Failure to receive building permit not private right requiring showing of irreparable damage. - In a mandamus action, although the official duty required is that of issuing a building permit, it is not a private right of the petitioner requiring a showing of irreparable injury under this section. Hadden v. Pierce, 212 Ga. 45, 90 S.E.2d 405, 1955 Ga. LEXIS 539 (1955) (see O.C.G.A. § 9-6-25). Usufruct holder did not have standing to seek mandamus relief from zoning decision. - Tenant who held a usufruct under a lease did not have standing to seek equitable relief from a zoning determination involving the leased property. The Stuttering Foundation, Inc. v. Glynn County, 301 Ga. 492, 801 S.E.2d 793, 2017 Ga. LEXIS 526 (2017).
RESEARCH REFERENCES C.J.S. 55 C.J.S., Mandamus, § 48. ALR. Remedy by mandamus of creditor against officer who fails to levy under execution, 57 A.L.R. 836. Mandamus to compel consideration, allowance, or payment of claim under Workmen’s Compensation Acts, 82 A.L.R. 1073.
Mandamus to compel delivery of papers and records to private corporation, 93 A.L.R. 1061. Mandamus as taxpayer’s remedy in respect of valuation of property for taxation, 131 A.L.R. 360. Mandamus to compel reinstatement of suspended or expelled members of labor union, 141 A.L.R. 617.
Right to go behind money judgment against public body in a mandamus proceeding to enforce it, 155 A.L.R. 464. Remedies to compel municipal officials to enforce zoning regulations, 35 A.L.R.2d 1135.
Compelling admission to membership in professional association or society, 89 A.L.R.2d 964.