Georgia Commons

Title 9. CIVIL PRACTICE

Chapter 6. EXTRAORDINARY WRITS

20 sections · 9-6-1 to 9-6-66

Article 1. GENERAL PROVISIONS

  1. 9-6-1Final judgment prerequisite to appeal; grant of new trial subject to review.

Article 2. MANDAMUS

  1. 9-6-20When mandamus may issue; exceptions.
  2. 9-6-21Not a private remedy; enforcement of officer’s discretionary acts.
  3. 9-6-22Enforcement of officer’s duties under Title 5.
  4. 9-6-23Enforcement of corporation’s public duty.
  5. 9-6-24What interest required to enforce public right.
  6. 9-6-25Loss prerequisite to enforcing private right.
  7. 9-6-26Mandamus not granted where fruitless, nor on suspicion.
  8. 9-6-27Time of hearing; notice; how and when issues of fact determined.
  9. 9-6-28Appeal.

Article 3. PROHIBITION

  1. 9-6-40Prohibition counterpart of mandamus.
  2. 9-6-41When writ granted; time for return; trial of fact issues.
  3. 9-6-42Prohibition against executive and military officers; Governor exempt.

Article 4. QUO WARRANTO

  1. 9-6-60For what purpose quo warranto may issue; who may bring action.
  2. 9-6-61Writ lies against civil and military officers; Governor exempt.
  3. 9-6-62When granted; how issues of fact tried.
  4. 9-6-63Service of writ and process.
  5. 9-6-64How issues of law determined; time for final determination; appeal; application to issues of fact.
  6. 9-6-65Jury trial where facts at issue; time of trial; continuances.
  7. 9-6-66Disposition of books and papers by judgment.