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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-6-42 Case Law from Google Scholar Amendments to OCGA 9-6-42

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 O.C.G.A. § 9-6-42

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Williams v. the Stats, 315 Ga. 498 (Ga. 2023).

Cited 12 times | Published | Supreme Court of Georgia | Feb 7, 2023

...County’s petition for declaratory relief. 3. Writ of Prohibition: The County also sought a writ of prohibition against Judge Sweatt on the grounds that he lacked authority and jurisdiction to call for the special election. See OCGA §§ 9-6-40,23 9-6-41,24 and 9-6-42.25 A writ of prohibition seeks “to prevent a tribunal possessing 23 OCGA § 9-6-40 provides: The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial t...
...anted at any time, on proper showing made.” 25 “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.” OCGA § 9-6-42. 33 judicial powers from exercising jurisdiction over matters not within its cognizance, or from exceeding its jurisdiction in matters of which it has cognizance.” Stokes v....

Camden Cnty. v. Sweatt, Judge (Ga. 2023).

Published | Supreme Court of Georgia | Feb 7, 2023

...County’s petition for declaratory relief. 3. Writ of Prohibition: The County also sought a writ of prohibition against Judge Sweatt on the grounds that he lacked authority and jurisdiction to call for the special election. See OCGA §§ 9-6-40,23 9-6-41,24 and 9-6-42.25 A writ of prohibition seeks “to prevent a tribunal possessing judicial powers from exercising jurisdiction over matters not within 23 OCGA § 9-6-40 provides: The writ of prohibition is the counterpart of mandamu...
...anted at any time, on proper showing made.” 25 “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.” OCGA § 9-6-42. 33 its cognizance, or from exceeding its jurisdiction in matters of which it has cognizance.” Stokes v....