CITY COUNCIL OF AUGUSTA v. YOUNG

21441.

217 Ga. 490 (1962)

123 S.E.2d 556

CITY COUNCIL OF AUGUSTA et al. v. YOUNG.

Supreme Court of Georgia.

Decided January 4, 1962.


Attorney(s) appearing for the Case

Fulcher, Fulcher, Hagler & Harper, for plaintiffs in error.

Sanders, Thurmond, Hester & Jolles, Carl E. Sanders, Ben Swain McElmurray, Jr., contra.


HEAD, Presiding Justice.

The common-law writ of mandamus, and not the extraordinary writ of injunction, was the proper remedy to seek to test the issue made by the pleadings and the stipulation of the parties in the present case. While the parties have attempted by their stipulation to eliminate the question of whether or not injunction would be the proper remedy, the injunction granted was entirely mandatory, and such an...

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