Bulloch County v. Ritzert, 19923
| Decision Date | 10 February 1958 |
| Docket Number | No. 19923,19923 |
| Citation | 213 Ga. 818,102 S.E.2d 40 |
| Parties | BULLOCH COUNTY, Georgia, v. Ben P. RITZERT. |
| Court | Georgia Supreme Court |
W. G. Neville, Wm. J. Neville, Statesboro, for plaintiff in error.
Cohen Anderson, Statesboro, for defendant in error.
Syllabus Opinion by the Court
1. Mandamus will lie to compel public officers to perform specific acts where the law requires performance thereof as a clear legal duty. Code, §§ 64-101, 23-1701; Graham v. Beacham, 189 Ga. 304, 5 S.E.2d 775; Hartsfield v. Salem, 213 Ga. ----, 101 S.E.2d 701.
2. But the writ of mandamus is personal and issues to the individual to compel performance, and it does not reach the office but is directed against the officer to compel him to perform the required legal duty. 34 Am.Jur., 812, § 7; Bryant v. Mitchell, 195 Ga. 135, 23 S.E.2d 410; McCallum v. Bryan, 213 Ga. 669, 100 S.E.2d 916. Therefore, the petition brought against Bulloch County to require it to record a contract on the minutes of the Board of Commissioners thereof was subject to the general demurrer and did not allege a cause of action, since it was brought against the county and not the proper officials required by law to perform the specified act. The court erred in overruling the general demurrer to the petition. This rendered nugatory the final order making the mandamus absolute.
Judgment reversed.
All the Justices concur.
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...legal duty. The writ of mandamus does not reach the office, but is a personal action against the official."); Bulloch Cty. v. Ritzert , 213 Ga. 818, 818 (2), 102 S.E.2d 40 (1958) ("[T]he writ of mandamus is personal and issues to the individual to compel performance, and it does not reach t......
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Lomax v. McBrayer, s. 37937
...rather than follow the procedures set out in Code Chapters 23-15 and 23-16, and mandamus is the proper remedy. Bulloch County v. Ritzert, 213 Ga. 818, 102 S.E.2d 40 (1958). Because the Board of Commissioners had a statutory duty to appropriate sums to make the required payments, it is no de......