Supreme Court of Georgia, 1925

Sanders v. Ballard

Supreme Court of Georgia · Decided April 20, 1925 · Gilbert

160 Ga. 366; 127 S.E. 851; 1925 Ga. LEXIS 161

Cases that cite this one

7 later published cases cite this decision.

Ramsey v. Hamilton (Ga. 1935)
Morris v. City Council of Augusta (Ga. 1946)
Aiken v. Armistead (Ga. 1938)
Aiken v. Armistead (Ga. 1938)
Buscaglia v. District Court of San Juan (Supreme Court of Puerto Rico 1944)
Buscaglia v. Corte de Distrito de San Juan (Supreme Court of Puerto Rico 1944)
Holt v. City of Fayetteville (Ga. 1929)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gilbert, J.

1. No citizen or taxpayer, as such, has the right to institute in his own name an equitable petition against a public officer acting within the scope of his authority for or in behalf of the State of Georgia, unless it should appear that the public diity was one owing to individuals, and unless it is shown that the petitioner has suffered some special and peculiar injury from the wrongful act of *367which he complains. Peeples v. Byrd, 98 Ga. 688, 696 (25 S. E. 677); Southern Mining Co. v. Lowe, 105 Ga. 352, 356 (31 S. E. 191); Hudspeth v. Hall, 113 Ga. 4, 7 (38 S. E. 358, 84 Am. St. R. 200); Davison-Nicholson Co. v. Pound, 147 Ga. 447 (4 a) (94 S. E. 560).

No. 4740. April 20, 1925.

2. Under the allegations of the petition no such special and peculiar injury from the wrongful act of which complaint is made is shown; and therefore the court did not err in sustaining the demurrer and dismissing the petition. Judgment affirmed.

All the Justices concur. B. O. StarJc, for plaintiffs. George M. Napier, attorney-general, and J. B. G. Logan, for defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.