137 Ga. 808 | Ga. | 1912
(After stating the foregoing facts.) It is declared by the code of this State that mandamus does not lie “to a public officer who has an absolute discretion to act or not, unless there is a gross abuse of such discretion; but it is not confined to the enforcement of mere ministerial duties.” Civil Code (1910), § 5441. “Ordinarily the writ of mandamus is a remedy for official inaction. It does not lie to control the conduct of an officer vested with a discretion, except where the exercise of that discretion has been so capricious or arbitrary as to amount to a gross abuse.” City of Atlanta v. Wright, 119 Ga. 207 (45 S. E. 994); Patterson v. Taylor, 98 Ga. 646 (25 S. E. 771); Dale v. Barnett, 105 Ga. 259 (31 S. E. 167).
At least ninety days before the day of election for county school commissioner, it is required by law that all candidates shall be examined by the president of the county board, or by some one appointed by him or the board for that purpose, upon written or printed questions, which shall be furnished to the board by the
Much evidence was introduced as to the manner in which a gradation of the examination papers had been reached, and as to whether the final declaration was correct. The charge of the court was in substantial accord with the law as above declared. There may have been some slight departure from perfect verbal accuracy, but there was nothing of such a character as to require a reversal. Courts and juries will not undertake to merely supervise and declare erroneous every discretionary decision of the board of education in
Judgment affirmed.