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2018 Georgia Code 9-6-28 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

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

ARTICLE 2 MANDAMUS

9-6-28. Appeal.

  1. Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal.
  2. Mandamus cases shall be heard on appeal under the same laws and rules as apply to injunction cases.

(Ga. L. 1882-83, p. 103, §§ 3, 5; Civil Code 1895, §§ 4874, 4875; Civil Code 1910, §§ 5447, 5448; Code 1933, §§ 64-110, 64-111; Ga. L. 1946, p. 726, § 1; Ga. L. 2016, p. 865, § 3-5/HB 927.)

The 2016 amendment, effective January 1, 2017, deleted "to the Supreme Court," following "may appeal" in the first sentence of subsection (a) and substituted "on appeal" for "in the Supreme Court" in the middle of subsection (b). See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2016, p. 865, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"

Ga. L. 2016, p. 865, § 6-1/HB 927, not codified by the General Assembly, provides, in part, that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).

JUDICIAL DECISIONS

Supreme Court empowered to review contempt of mandamus actions.

- A proceeding for contempt in violation of a mandamus absolute is so connected with the mandamus that a writ of error (now notice of appeal) to review a judgment therein should be treated as a case involving an extraordinary remedy within the constitutional provision conferring jurisdiction upon the Supreme Court. Settle v. McWhorter, 203 Ga. 93, 45 S.E.2d 210 (1947).

Court of Appeals lacking in jurisdiction.

- Where petitioners brought mandamus seeking to require judge to certify a bill of exceptions (now notice of appeal), and the judgment complained of is one wherein the Supreme Court and not the Court of Appeals would have jurisdiction of an appeal in that such judgment ordered, among other things, title to land transferred by deed and a petition seeking an injunction dismissed, the petition for writ of mandamus must be dismissed since the Court of Appeals was without authority either to pass on the merits of the petition or to transfer such petition to the Supreme Court. Scott v. Hubert, 99 Ga. App. 784, 109 S.E.2d 614 (1959).

Cited in Bradley v. Shelton, 189 Ga. 696, 7 S.E.2d 261 (1940); Nichols v. Hampton, 198 Ga. 327, 31 S.E.2d 659 (1944); Bankers Life & Cas. Co. v. Cravey, 209 Ga. 274, 71 S.E.2d 659 (1952); Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953); Jackson Elec. Membership Corp. v. Mathews, 210 Ga. 171, 78 S.E.2d 514 (1953); City of Dalton v. Smith, 158 Ga. App. 356, 280 S.E.2d 138 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appeal and Error, § 693 et seq. 52 Am. Jur. 2d, Mandamus, §§ 479, 480.

C.J.S.

- 55 C.J.S., Mandamus, § 366. 74 C.J.S., Quo Warranto, § 89 et seq.

Cases Citing Georgia Code 9-6-28 From Courtlistener.com

Total Results: 4

Hansen v. Dekalb County Board of Tax Assessors

Court: Supreme Court of Georgia | Date Filed: 2014-06-30

Snippet: of 1983, Art. VI, Sec. VI, Par. III (5); OCGA § 9-6-28 (a). documents reviewed in making initial and revised

Hansen v. Dekalb County Board of Tax Assessors

Court: Supreme Court of Georgia | Date Filed: 2014-06-30

Citation: 295 Ga. 385, 761 S.E.2d 35, 2014 WL 2924946, 2014 Ga. LEXIS 532

Snippet: of 1983, Art. VI, Sec. VI, Par. III (5); OCGA § 9-6-28 (a). 2 This provision authorizes

Charles H. Wesley Education Foundation, Inc. v. State Election Board

Court: Supreme Court of Georgia | Date Filed: 2007-11-21

Citation: 654 S.E.2d 127, 282 Ga. 707, 2007 Fulton County D. Rep. 3588, 2007 Ga. LEXIS 851

Snippet: the states of the Union.”). OCGA§§ 9-6-20 to 9-6-28. OCGA§ 9-4-1 (“The purpose of this chapter is

Kappelmeier v. Iannazzone

Court: Supreme Court of Georgia | Date Filed: 2005-03-07

Citation: 610 S.E.2d 60, 279 Ga. 131, 2005 Fulton County D. Rep. 662, 2005 Ga. LEXIS 156

Snippet: superior court to grant a mandamus nisi. OCGA § 9-6-28. 2. The superior court did not err in refusing