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O.C.G.A. § 9-6-42 — Prohibition against executive and military officers; Governor exempt | Georgia Code
O.C.G.A. § 9-6-42 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.