Allman v. Aldredge

Court of Appeals of Georgia

Allman v. Aldredge

16 S.E.2d 525, 65 Ga. App. 761, 1941 Ga. App. LEXIS 394

CourtCourt of Appeals of Georgia

DecidedSeptember 12, 1941

Docket29037.

StatusPublished

Cited by2 cases

This text of 16 S.E.2d 525 (Allman v. Aldredge) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allman v. Aldredge, 16 S.E.2d 525, 65 Ga. App. 761, 1941 Ga. App. LEXIS 394 (Ga. Ct. App. 1941).

Pincite

Opinion

MacIntyre, J.

The bill of exceptions recites that “the Court of Appeals has jurisdiction hereof because only questions of law are involved.” Our constitution, Code, § 2-3005, pi’ovides that the Supreme Court has jurisdiction for the correction of errors of law, from superior courts and other courts designated, in “all equity eases,” in “all cases involving extraordinary remedies,” and in other cases designated. The provision as to “all cases involving extraordinary remedies” quoted above “refers only to such extraordinary legal remedies as mandamus, prohibition, quo warranto, and the like.” (Italics ours.) Spence v. Miller, 176 Ga. 96, 99 (167 S. E. 188). The Code, § 64-101, provides: “All official duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensue from a failure or improper performance, the writ of mandamus may issue to compel a due performance, if there shall be no other specific legal remedy for the legal rights.” In the instant case the allegations and the prayer make a proceeding which amounts to a petition for the writ of mandamus, and the case falls within the jurisdiction of the Supreme Court. It follows that the case should be

Transferred to the Supreme Court.

Broyles, C. J., and Gardner, J., con-our.

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MacIntyre, J.

The bill of exceptions recites that “the Court of Appeals has jurisdiction hereof because only questions of law are involved.” Our constitution, Code, § 2-3005, pi’ovides that the Supreme Court has jurisdiction for the correction of errors of law, from superior courts and other courts designated, in “all equity eases,” in “all cases involving extraordinary remedies,” and in other cases designated. The provision as to “all cases involving extraordinary remedies” quoted above “refers only to such extraordinary legal remedies as mandamus, prohibition, quo warranto, and the like.” (Italics ours.) Spence v. Miller, 176 Ga. 96, 99 (167 S. E. 188). The Code, § 64-101, provides: “All official duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensue from a failure or improper performance, the writ of mandamus may issue to compel a due performance, if there shall be no other specific legal remedy for the legal rights.” In the instant case the allegations and the prayer make a proceeding which amounts to a petition for the writ of mandamus, and the case falls within the jurisdiction of the Supreme Court. It follows that the case should be

Transferred to the Supreme Court.

Broyles, C. J., and Gardner, J., con-our.

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Bluebook (online)

16 S.E.2d 525, 65 Ga. App. 761, 1941 Ga. App. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allman-v-aldredge-gactapp-1941.

Opinion

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