Burke v. Board of Education

Supreme Court of Georgia

Burke v. Board of Education

185 S.E. 813, 182 Ga. 458, 1936 Ga. LEXIS 451

CourtSupreme Court of Georgia

DecidedMay 13, 1936

DocketNo. 11161

StatusPublished

Cited by1 cases

This text of 185 S.E. 813 (Burke v. Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. Board of Education, 185 S.E. 813, 182 Ga. 458, 1936 Ga. LEXIS 451 (Ga. 1936).

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Opinion

Beck, Presiding Justice.

An application for mandamus was brought, to compel the defendants to pay to the applicant an alleged balance due for services rendered by him as an auditor, under an alleged contract with the defendants. If the applicant shows that the parties could make the contract in question, he has a right of action against the defendants to recover the amount due him under the contract, and can maintain an action at law for that purpose. In such a suit the plaintiff has an adequate remedy at law; and the writ of mandamus does not lie where there is another remedy. The court therefore properly sustained the motion to dismiss the petition for mandamus.

Judgment affirmed.

All the Justices concur. Staufer, Lee & Bufly, for plaintiff. W. S. Mann and G. L. Hattaway, for defendants.

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Beck, Presiding Justice.

An application for mandamus was brought, to compel the defendants to pay to the applicant an alleged balance due for services rendered by him as an auditor, under an alleged contract with the defendants. If the applicant shows that the parties could make the contract in question, he has a right of action against the defendants to recover the amount due him under the contract, and can maintain an action at law for that purpose. In such a suit the plaintiff has an adequate remedy at law; and the writ of mandamus does not lie where there is another remedy. The court therefore properly sustained the motion to dismiss the petition for mandamus.

Judgment affirmed.

All the Justices concur. Staufer, Lee & Bufly, for plaintiff. W. S. Mann and G. L. Hattaway, for defendants.

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Bluebook (online)

185 S.E. 813, 182 Ga. 458, 1936 Ga. LEXIS 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-board-of-education-ga-1936.

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