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.
§ 9-6-25.Loss prerequisite to enforcing private right
Chapter 6. Extraordinary Writs · Article 2. Mandamus · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section requires a plaintiff enforcing a private right by mandamus to show pecuniary loss that cannot be compensated in damages, setting a stricter standing threshold than the relaxed standard that applies to enforcement of a purely public right.
Full Text of § 9-6-25
Plain-English Summary
Where the right at stake is private rather than public, this section demands more from the plaintiff. He has to show pecuniary loss — a real financial harm — and that loss has to be the kind money damages cannot fix.
That pairing matters. It is not enough to show some loss; the loss also has to be uncompensable in damages. If an ordinary damages award would make the plaintiff whole, mandamus is not the remedy, because the statute demands both pieces together.
Read alongside the relaxed standard for public rights elsewhere in this chapter, this section shows how Georgia calibrates standing to the nature of the right. A public right belongs to everyone, so a general interest suffices. A private right belongs to one person, so that person has to show real, uncompensated harm before a court will use mandamus to protect it.
Frequently Asked Questions
What must a plaintiff show to enforce a private right by mandamus?
He must show pecuniary loss for which he cannot be compensated in damages.
How does this standard differ from enforcing a public right by mandamus?
Enforcing a public right requires only a general interest in having the law enforced, with no need to show a special interest or loss, while enforcing a private right requires proof of uncompensable pecuniary loss.
What does “cannot be compensated in damages” mean here?
It means the harm is not the kind that an ordinary damages award could adequately remedy, so mandamus becomes necessary to protect the right.
Why would Georgia require a stricter showing for private-right mandamus than for public-right mandamus?
The section does not explain its reasoning, but the distinction tracks the difference between a right held by one person, which calls for proof of concrete harm, and a right belonging to the public generally, which does not.
Does showing any financial harm satisfy this section?
No. The loss must specifically be one that cannot be compensated in damages, not merely any pecuniary loss.
Amendment History
Code 1933, § 64-105.
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 private right pecuniary lossmandamus damages requirement georgiaprivate right mandamus standard georgiapecuniary loss mandamus georgia