If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose any right by reason of the failure of the officer to discharge his duties when the party has been guilty of no fault himself and has exercised ordinary diligence to secure the discharge of such duties.
History. Laws 1845, Cobb’s 1851 Digest, p. 450; Code 1863, § 4172; Code 1868, § 4204; Code 1873, § 4264; Code 1882, § 4264; Civil Code 1895, § 5555; Civil Code 1910, § 6169; Code 1933, § 6-918.
Structure Georgia Code
Chapter 6 - Extraordinary Writs
§ 9-6-20. When Mandamus May Issue
§ 9-6-21. Not a Private Remedy; Enforcement of Officer’s Discretionary Acts
§ 9-6-22. Enforcement of Officer’s Duties Under Title 5
§ 9-6-23. Enforcement of Corporation’s Public Duty
§ 9-6-24. What Interest Required to Enforce Public Right
§ 9-6-25. Loss Prerequisite to Enforcing Private Right
§ 9-6-26. Mandamus Not Granted Where Fruitless, nor on Suspicion
§ 9-6-27. Time of Hearing; Notice; How and When Issues of Fact Determined