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COLONIAL DAIRIES v. CITY OF ALBANY

18197.

209 Ga. 791 (1953)

75 S.E.2d 809

COLONIAL DAIRIES INC. et al. v. CITY OF ALBANY et al.

Supreme Court of Georgia.

Decided May 12, 1953.

Attorney(s) appearing for the Case

Robert W. Reynolds, for plaintiff in error.

Durden & Durden, contra.

HEAD, Justice.

"There is always a prima facie presumption in favor of the good faith of the officer, and he who assails his official acts by employing the remedy of mandamus must prefer specific charges.. . Allegations of evidentiary facts tending to establish the ultimate fact, but which do not furnish a conclusive inference of the ultimate fact, are insufficient to excuse the absence of a positive allegation of such ultimate fact." Davis v. Arthur,

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