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2018 Georgia Code 9-6-42 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

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

ARTICLE 3 PROHIBITION

9-6-42. Prohibition against executive and military officers; Governor exempt.

The writ of prohibition will not lie to the duly inaugurated Governor, but it lies to all other executive or military officers when acting as a judicial or quasi-judicial tribunal.

(Orig. Code 1863, § 3134; Code 1868, § 3146; Code 1873, § 3202; Code 1882, § 3202; Civil Code 1895, § 4877; Civil Code 1910, § 5450; Code 1933, § 64-303.)

History of section.

- The language of this Code section is derived in part from the decision in Shirley v. Gardner, 160 Ga. 338, 127 S.E. 855 (1925).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prohibition, § 31 et seq.

C.J.S.

- 72A C.J.S., Prohibition, §§ 2, 3.

ALR.

- Availability of writ of prohibition as means of controlling administrative or executive boards or officers, 115 A.L.R. 3; 159 A.L.R. 627.

Cases Citing Georgia Code 9-6-42 From Courtlistener.com

Total Results: 1

CAMDEN COUNTY v. SWEATT, JUDGE

Court: Supreme Court of Georgia | Date Filed: 2023-02-07

Snippet: election. See OCGA §§ 9-6-40,23 9-6-41,24 and 9-6-42.25 A writ of prohibition seeks “to prevent