A private person may by mandamus enforce the performance by a corporation of a public duty as to matters in which he has a special interest.
§ 9-6-23.Enforcement of corporation’s public duty
Chapter 6. Extraordinary Writs · Article 2. Mandamus · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section allows a private person to use mandamus to enforce a corporation’s performance of a public duty, provided the person has a special interest in the matters at stake, extending mandamus beyond government officers to corporate conduct.
Full Text of § 9-6-23
Plain-English Summary
Mandamus is not limited to public officials. This section lets a private person bring mandamus against a corporation to enforce a public duty the corporation owes, so long as the person has a special interest in the matter.
The special-interest requirement keeps this narrower than the standing rule for enforcing purely public rights, discussed elsewhere in this chapter. Here, the plaintiff needs more than a general citizen’s stake in seeing the law followed — he needs a special interest connecting him to the specific matter at hand.
The section reflects a practical reality: some corporations, by virtue of their charters, franchises, or the nature of their business, take on duties that run to the public. When one of those corporations falls short, this section gives an affected private person a direct way to compel performance, rather than leaving enforcement solely to a government office.
Frequently Asked Questions
Can mandamus reach a corporation, or only government officers?
It can reach a corporation. The section states that a private person may by mandamus enforce the performance by a corporation of a public duty.
What must a private person show to enforce a corporation’s public duty by mandamus?
The person must have a special interest in the matters as to which the corporation’s public duty runs.
What does “special interest” mean in contrast to a general public interest?
The section does not define the phrase further, but it distinguishes this standing requirement from the broader rule allowing any interested citizen to enforce a purely public right without showing a special interest.
Does this section require the corporation to be a government entity?
No. It refers to “a corporation” performing a public duty, without limiting that to governmental corporations.
How does this section relate to the general requirement that no other specific legal remedy exist?
This section does not restate that requirement directly, but it operates as one specific application of mandamus within the broader framework this chapter sets out for compelling official or public performance.
Amendment History
Civil Code 1895, § 4869; Civil Code 1910, § 5442; Code 1933, § 64-103.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia mandamus corporation public dutyprivate person mandamus corporation georgiaspecial interest mandamus georgiacompel corporation public duty georgia