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.
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).
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