O'Callahan v. Aikens

• Decision Date: 28 May 1962
• Docket Number: No. 21655,21655
• Citation: O'Callahan v. Aikens, 126 S.E.2d 212, 218 Ga. 46 (Ga. 1962)
• Parties: L. J. O'CALLAHAN et al. v. Carla C. AIKENS, by Next Friend.
• Court: Georgia Supreme Court

Page 212

126 S.E.2d 212

218 Ga. 46

L. J. O'CALLAHAN et al. v.Carla C. AIKENS, by Next Friend.

No. 21655.

Supreme Court of Georgia.

May 28, 1962.

J. C. Savage, A. C. Latimer, Atlanta, for plaintiffs in error.

Moreton Rolleston, Jr., Atlanta, for defendant in error.

Syllabus Opinion by the Court

DUCKWORTH, Chief Justice.

1.The right to the extraordinary writ of mandamus is available only 'if there shall be no other specific legal remedy.'Code§ 64-101;Gray v. Gunby, 206 Ga. 63, 55 S.E.2d 588;Wofford v. Porte, 212 Ga. 533, 93 S.E.2d 690;Westberry v. Taylor, 215 Ga. 464, 465, 111 S.E.2d 77.

2.Paragraph 4 of the Grants for Education Act(Ga.L.1961, p. 36) specifically provides for the State Superintendent of Schools to direct payment from State funds if any local system wrongfully fails or refuses to pay any grant, and to deduct said sums paid from such State funds to which such local systems otherwise would have been entitled under applicable law (For changes in this law, which do not affect the present case, see amendment thereto adopted March 3, 1962, Georgia Laws 1962, pp. 552, 558).

3.The petition fails to show that the plaintiff has applied to the State Superintendent in accordance with the law upon the refusal of the local board or system to pay the grant upon her application therefor or to furnish the application forms in accordance with the law.The petition does not show that she has exhausted available administrative remedies before applying for the extraordinary remedy of mandamus, and for this reason, no cause of action is alleged, and the general demurrer should have been sustained.Accordingly, the court...