reglab/housing_qa huggingface dataset:
GA Code § 9-6-25 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 2 - Mandamus|§ 9-6-25. Loss Prerequisite to Enforcing Private Right

 In order for a plaintiff to enforce a private right by mandamus he must show pecuniary loss for which he cannot be compensated in damages.   (Code 1933, § 64-105.)   RESEARCH REFERENCES   C.J.S.   - 55 C.J.S., Mandamus, § 48.   ALR.    - Remedy by mandamus of creditor against officer who fails to levy under execution, 57 A.L.R. 836.    Mandamus to compel consideration, allowance, or payment of claim under Workmen's Compensation Acts, 82 A.L.R. 1073.    Mandamus to compel delivery of papers and records to private corporation, 93 A.L.R. 1061.    Mandamus as taxpayer's remedy in respect of valuation of property for taxation, 131 A.L.R. 360.    Mandamus to compel reinstatement of suspended or expelled members of labor union, 141 A.L.R. 617.    Right to go behind money judgment against public body in a mandamus proceeding to enforce it, 155 A.L.R. 464.   Remedies to compel municipal officials to enforce zoning regulations, 35 A.L.R.2d 1135.   Compelling admission to membership in professional association or society, 89 A.L.R.2d 964.
GA Code § 9-6-26 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 2 - Mandamus|§ 9-6-26. Mandamus Not Granted Where Fruitless, nor on Suspicion

 Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act.   (Orig. Code 1863, § 3132; Code 1868, § 3144; Code 1873, § 3200; Code 1882, § 3200; Civil Code 1895, § 4870; Civil Code 1910, § 5443; Code 1933, § 64-106.)   OPINIONS OF THE ATTORNEY GENERAL    Public official will be excused from carrying out official duty upon failure of General Assembly to appropriate funds for performance, if,  but only if, the official is able to show that the resulting lack of funds, together with an inability to obtain the same, make performance impossible; failure of the General Assembly to appropriate moneys for a specific official duty might not justify a failure to perform where the official has received a general appropriation and could divert a portion thereof to carry out the official's statutory or official duty. 1969 Op. Att'y Gen. No. 69-174.   An interdepartmental council created by an Act of the General Assembly is excused from carrying out its official duties upon failure of the General Assembly to appropriate funds for performance of said duties, if, but only if, this resulting lack of funds rendered performance impossible; the court would have the power to determine whether the mandatory duties of the council could be performed or not. 1969 Op. Att'y Gen. No. 69-184.   RESEARCH REFERENCES   Am. Jur. 2d.   - 52 Am. Jur. 2d, Mandamus, § 24.   C.J.S.   - 55 C.J.S., Mandamus, § 11.
GA Code § 9-6-27 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 2 - Mandamus|§ 9-6-27. Time of Hearing; Notice; How and When Issues of Fact Determined

  Upon the presentation of an application for mandamus, if the mandamus nisi is granted the judge shall cause the same to be returned for trial not less than ten nor more than 30 days from such date. The defendant shall be served at least five days before the time fixed for the hearing.   If no issue of fact is raised by the application and answer, the case shall be heard and determined by the court without the intervention of a jury.   If an issue of fact is involved, it may be heard by the judge upon the consent of all parties. Otherwise, the case shall be set for trial upon the first day of the next term of the superior court as other jury cases are tried. However, if the court has a scheduled session for jury trials which will occur before the next term, the case shall stand for trial at the present term.    (Ga. L. 1882-83, p. 103, §§ 1, 2, 4; Civil Code 1895, §§ 4871, 4872, 4873; Civil Code 1910, §§ 5444, 5445, 5446; Code 1933, §§ 64-107, 64-108, 64-109.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 52 Am. Jur. 2d, Mandamus, §§ 438, 441.   C.J.S.   - 55 C.J.S., Mandamus, §§ 319, 332.   ALR.   - Summary judgment in mandamus or prohibition cases, 3 A.L.R.3d 675.
GA Code § 9-6-41 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 3 - Prohibition|§ 9-6-41. When Writ Granted; Time for Return; Trial of Fact Issues

 The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases.   (Code 1863, §§ 3133, 3136; Code 1868, §§ 3145, 3148; Code 1873, §§ 3201, 3209a; Code 1882, §§ 3201, 3209a; Civil Code 1895, §§ 4876, 4885; Civil Code 1910, §§ 5449, 5458; Code 1933, §§ 64-301, 64-302.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Prohibition, §§ 41, 42, 57.   C.J.S.   - 72A C.J.S., Prohibition, § 1 et seq.   ALR.   - Availability of writ of prohibition or similar remedy against act of public prosecutor, 16 A.L.R.4th 112.
GA Code § 9-6-42 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 3 - Prohibition|§ 9-6-42. Prohibition Against Executive and Military Officers; Governor Exempt

 The writ of prohibition will not lie to the duly inaugurated Governor, but it lies to all other executive or military officers when acting as a judicial or quasi-judicial tribunal.   (Orig. Code 1863, § 3134; Code 1868, § 3146; Code 1873, § 3202; Code 1882, § 3202; Civil Code 1895, § 4877; Civil Code 1910, § 5450; Code 1933, § 64-303.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Prohibition, § 31 et seq.   C.J.S.   - 72A C.J.S., Prohibition, §§ 2, 3.   ALR.    - Availability of writ of prohibition as means of controlling administrative or executive boards or officers, 115 A.L.R. 3; 159 A.L.R. 627.
GA Code § 9-6-61 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 4 - Quo Warranto|§ 9-6-61. Writ Lies Against Civil and Military Officers; Governor Exempt

 The question of who is the lawful Governor of this state may not be tried by quo warranto, but the writ of quo warranto will lie to all other civil or military officers.   (Orig. Code 1863, § 3134; Code 1868, § 3146; Ga. L. 1871-72, p. 41, § 1; Code 1873, §§ 3202, 3206; Ga. L. 1875, p. 104, § 1; Code 1882, §§ 3202, 3206, 3208a; Civil Code 1895, §§ 4877, 4881, 4883; Civil Code 1910, §§ 5450, 5454, 5456; Code 1933, §§ 64-208, 64-209.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quo Warranto, §§ 32, 33, 37.   C.J.S.   - 74 C.J.S., Quo Warranto, § 58.   ALR.    - Officer holding over without authority after expiration of his term as a de facto officer, 71 A.L.R. 848.   Admissibility of election ballots in quo warranto proceedings, 71 A.L.R.2d 353.
GA Code § 9-6-62 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 4 - Quo Warranto|§ 9-6-62. When Granted; How Issues of Fact Tried

 The writ of quo warranto may be granted at any time, on proper showing made. Any issue of fact made thereon must be tried as in equity cases.   (Orig. Code 1863, § 3133; Code 1868, § 3145; Code 1873, § 3201; Code 1882, § 3201; Civil Code 1895, § 4876; Civil Code 1910, § 5449; Code 1933, § 64-205.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quo Warranto, § 16 et seq.   C.J.S.   - 74 C.J.S., Quo Warranto, §§ 38, 39.
GA Code § 9-6-63 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 4 - Quo Warranto|§ 9-6-63. Service of Writ and Process

  As used in this Code section, the term "personal service" means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant.   The writ and process in a quo warranto proceeding shall be served on the defendant personally.   Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph (1) of subsection (f) of Code Section 9-11-4 or personal service outside the state as set forth in paragraph (2) of subsection (f) of Code Section 9-11-4. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state.    (Code 1933, § 64-202.1, enacted by Ga. L. 1964, p. 766, § 1; Ga. L. 2000, p. 1225, § 2.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   JUDICIAL DECISIONS   Third parties.    - In an action seeking quo warranto, because the trial court's order was not directed at a party not served, and did not require that party to do anything, a third party lacked any legal right to complain that the party was not served. City of College Park v. Wyatt, 282 Ga. 479, 651 S.E.2d 686 (2007).   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quo Warranto, § 55.   C.J.S.   - 74 C.J.S., Quo Warranto, § 40.
GA Code § 9-6-64 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 4 - Quo Warranto|§ 9-6-64. How Issues of Law Determined; Time for Final Determination; Appeal; Application to Issues of Fact

  In all applications for writs of quo warranto, of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant involves only questions of law, the same may be determined, as are equitable proceedings, by the judge of the superior court before whom the case was begun; and the judge shall so order all the proceedings connected with and usual in such cases that the final determination shall be had by him within ten days from the commencement of the action, application, or proceeding. If either party to the application or proceeding desires to except to the final decision of the judge of the superior court, he shall file an appeal as in other cases, and the duties of the clerk shall be the same as in other cases.   All the provisions of subsection (a) of this Code section are extended to proceedings quo warranto, or writs of that nature, involving issues of fact to be tried by a jury, when the same can be applied; but nothing in the subsection shall be construed to affect any rights or remedies in this class of cases which are not covered thereby.    (Ga. L. 1871-72, p. 41, §§ 1, 2; Code 1873, §§ 3206, 3208; Code 1882, §§ 3206, 3208; Civil Code 1895, §§ 4881, 4882; Civil Code 1910, §§ 5454, 5455; Code 1933, §§ 64-206, 64-207; Ga. L. 1946, p. 746, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quo Warranto, § 113.   C.J.S.   - 74 C.J.S., Quo Warranto, §§ 37, 80 et seq., 89 et seq.   ALR.   - Propriety of default judgment against defendant, without introduction of evidence, in quo warranto proceeding, 92 A.L.R.2d 1121.
GA Code § 9-6-65 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 4 - Quo Warranto|§ 9-6-65. Jury Trial Where Facts at Issue; Time of Trial; Continuances

 In cases where the facts alleged are denied by the defendant or defendants on oath, the judge shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall have the power to fix a day for trial of the issue of fact with an order that the sheriff shall notify the parties of the time and place of trial. The date fixed for the trial shall not be less than ten nor more than 30 days from the date of the order. The judge shall have the discretion to continue the hearing from day to day, as provided for in other cases.   (Ga. L. 1868, p. 130, § 2; Code 1873, § 3205; Code 1882, § 3205; Civil Code 1895, § 4880; Civil Code 1910, § 5453; Code 1933, § 64-204.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quo Warranto, §§ 127, 128.   C.J.S.   - 74 C.J.S., Quo Warranto, § 80 et seq.
GA Code § 9-6-66 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 6 - Extraordinary Writs|Article 4 - Quo Warranto|§ 9-6-66. Disposition of Books and Papers by Judgment

 Whenever the right to any office is decided, the judgment fixing the right shall further provide for the delivery to the person held to be entitled to the office of all the books and papers of every sort belonging to the office, which judgment shall be enforced as decrees in equity are enforced.   (Ga. L. 1871-72, p. 41, § 2; Code 1873, § 3209; Code 1882, § 3209; Civil Code 1895, § 4884; Civil Code 1910, § 5457; Code 1933, § 64-202.)   Cross references.   - Duty of public officer to deliver all books, papers, and other office property to his qualified successor, § 45-6-7 et seq.   JUDICIAL DECISIONS    Cited in Roan v. Rodgers, 201 Ga. 696, 40 S.E.2d 551 (1946).   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quo Warranto, §§ 132, 138.   C.J.S.   - 74 C.J.S., Quo Warranto, § 84 et seq.
GA Code § 9-9-60 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-60. "Medical Malpractice Claim" Defined

 For the purposes of this article, the term "medical malpractice claim" means any claim for damages resulting from the death of or injury to any person arising out of:    Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person; or   Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.     (Code 1933, § 7-401, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-110; Code 1981, §9-9-60, as redesignated by Ga. L. 1988, p. 903, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" in the introductory language of the Code section.   Law reviews.   - For article, "Medical Malpractice: A Time for More Talk and Less Rhetoric," see 37 Mercer L. Rev. 725 (1986). For article, "Physicians, Pharmacists, Pharmaceutical Manufacturers: Partners in Patient Care, Partners in Litigation?," see 37 Mercer L. Rev. 755 (1986). For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010).   RESEARCH REFERENCES   ALR.   - Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875.   Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.   Arbitration of medical malpractice claims, 24 A.L.R.5th 1.   Hospital liability as to diagnosis and care of patients in emergency room, 58 A.L.R.5th 613.
GA Code § 9-9-61 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-61. Medical Malpractice Arbitration Authorized

 In addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical malpractice claim may submit the claim for arbitration in accordance with this article.    (Code 1933, § 7-402, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-111; Code 1981, §9-9-61, as redesignated by Ga. L. 1988, p. 903, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" at the end of the Code section.
GA Code § 9-9-63 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-63. Tolling of Statute of Limitations; When Action Permitted After Filing of Petition for Arbitration

  The filing of the petition for an order authorizing arbitration as provided in Code Section 9-9-62 shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until the earliest of:   Thirty days after the filing of the petition, when the judge has failed within the 30 days to issue an order authorizing arbitration as provided in Code Section 9-9-62;   Sixty days after the issuance of the judge's order authorizing arbitration, when the parties or their representatives have failed by such time to sign the arbitration submission as provided in Code Section 9-9-65; or   The date the arbitration submission is revoked as provided in Code Section 9-9-65.     If any of the contingencies listed in subsection (a) of this Code section occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this state having jurisdiction.     (Code 1933, § 7-404, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-113; Code 1981, §9-9-63, as redesignated by Ga. L. 1988, p. 903, § 3.)
GA Code § 9-9-64 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-64. Appointment of Reporter; Duties; Compensation

 The judge of the superior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the proceedings of the medical malpractice arbitration panel and to record exactly and truly the testimony and proceedings in the case being arbitrated, except the arguments of counsel. All provisions relating to court reporter fees, compensation, contingent expenses, and travel allowance, as well as those relating to the furnishing of transcripts and the style and form of transcripts, shall be the same for reporters appointed to attend the arbitration panel proceedings as those applicable to reporters of the superior court of the county in which the arbitration was authorized.    (Code 1933, § 7-405, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-114; Code 1981, §9-9-64, as redesignated by Ga. L. 1988, p. 903, § 3.)
GA Code § 9-9-65 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-65. Arbitration Submission; Irrevocability Absent Consent

  The referee shall meet with the parties or their representatives, or both, prior to the arbitration. The referee shall assist the parties in preparing an arbitration submission which shall contain the following:   A clear and accurate statement of the matters in controversy;   An agreement as to the payment of the costs of the arbitration;   The procedure to be followed in the arbitration;   A list of the witnesses whose testimony the parties desire to present to the arbitrators;   The names of the arbitrators chosen by each party;   The time and place of meeting of the arbitrators; and   Any other matters that may be pertinent to the arbitration.     The submission shall be in writing and shall be signed by the parties or their representatives. When signed, the submission shall be irrevocable except by consent of all the parties.     (Code 1933, § 7-407, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-115; Code 1981, §9-9-65, as redesignated by Ga. L. 1988, p. 903, § 3.)
GA Code § 9-9-66 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-66. Qualifications and Status of Referee

 The referee shall be an attorney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member of the arbitration panel.    (Code 1933, § 7-406, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-116; Code 1981, §9-9-66, as redesignated by Ga. L. 1988, p. 903, § 3.)
GA Code § 9-9-67 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-67. Arbitrators - How Chosen

  Every arbitration pursuant to this article shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Code Section 9-9-65 and one of whom shall be chosen by the arbitrators named in the submission. The third arbitrator shall be chosen after the parties sign the submission provided in Code Section 9-9-65 and before arbitration begins.   If the arbitrators chosen by the parties are unable to agree upon the third arbitrator as provided in subsection (a) of this Code section, the judge authorizing the arbitration and appointing the referee or the judge's successor shall appoint the third arbitrator.   In cases involving a medical malpractice claim where there are multiple plaintiffs or defendants, there shall be only one arbitrator chosen by each side. The plaintiff parties shall have the right to choose one arbitrator and the defendant parties shall have the right to choose one arbitrator.     (Code 1933, § 7-408, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-117; Code 1981, §9-9-67, as redesignated by Ga. L. 1988, p. 903, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" near the beginning of subsection (a).
GA Code § 9-9-68 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-68. Arbitrators - How Vacancy Filled

 If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the parties shall choose another in his place. If the arbitrators chosen by the parties are unable to agree upon the third arbitrator, the third arbitrator shall be appointed as provided in subsection (b) of Code Section 9-9-67. An arbitrator chosen pursuant to this Code section shall have all the powers of the original arbitrator.    (Code 1933, § 7-409, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-118; Code 1981, §9-9-68, as redesignated by Ga. L. 1988, p. 903, § 3.)
GA Code § 9-9-69 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 9 - Arbitration|Article 2 - Medical Malpractice|§ 9-9-69. Arbitrators - Oath and Affidavit

  Before the arbitrators begin the arbitration, they shall be sworn by the referee to determine impartially the matters submitted to them according to law and the justice and equity of the case without favor or affection to either party.    (b) Each arbitrator selected under this article shall sign the following affidavit before the selection is effective and before acting as an arbitrator:   State of Georgia ________ County I, ______________, first being duly sworn, make this affidavit: I, ________________________, agree to serve as arbitrator in the case of __________________________ v. ______________________________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the law as given to me by the referee and will accept and abide by all decisions of the referee. I also agree not to discuss this case or any issue with any person except when all other arbitrators and the referee are present. ______________, L. S.    (Code 1933, § 7-410, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-119; Code 1981, §9-9-69, as redesignated by Ga. L. 1988, p. 903, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" near the beginning of subsection (b).