9-6-26. Mandamus not granted where fruitless, nor on suspicion.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3132; Code 1868, § 3144; Code 1873, § 3200; Code 1882, § 3200; Civil Code 1895, § 4870; Civil Code 1910, § 5443; Code 1933, § 64-106.

Law reviews

For note, “The Case of the Vanishing Supreme Court Contest: Barrow v. Raffensperger Eliminates the Power of the People to Elect their Appellate, Superior, and State Court Judges,” see 72 Mercer L. Rev. 957 (2021).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 538; merge action: carried; file SHA-256 ea8a520ad52f.