ASKEW v. BRAY

21531.

217 Ga. 622 (1962)

124 S.E.2d 70

ASKEW et al. v. BRAY, Commissioner, et al.

Supreme Court of Georgia.

Decided February 8, 1962.


Attorney(s) appearing for the Case

Geo. C. Kennedy, H. Briscoe Black, for plaintiffs in error.

W. S. Allen, G. C. Thompson, contra.

Alston, Sibley, Miller, Spann & Shackelford, John L. Moore, Jr., for parties at interest.


DUCKWORTH, Chief Justice.

Counsel have argued the point as to whether quo warranto rather than mandamus is the proper remedy, and we might question whether the intervention in a mandamus proceeding was authorized by law; but the general demurrer of respondents was sustained, and that judgment is properly excepted to and is presented for review, hence enabling us to decide the case without reference to the intervention. Also, in order to determine if mandamus is the...

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