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.
§ 9-6-26.Mandamus not granted where fruitless, nor on suspicion
Chapter 6. Extraordinary Writs · Article 2. Mandamus · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section bars mandamus when it is clear the writ would be useless or fruitless for any reason, and also bars it on mere suspicion or fear before an actual refusal to act or the commission of a wrongful act has occurred.
Full Text of § 9-6-26
Plain-English Summary
Mandamus exists to force action, so this section closes it off when forcing action would not accomplish anything. If it is manifest that the writ would, for any reason, be nugatory or fruitless, a court will not issue it — there is no point ordering an official to do something when that order cannot achieve its purpose.
The section also enforces a timing rule. Mandamus is not available on a mere suspicion or fear that an officer might fail in his duty. Something concrete has to happen first — either a refusal to act or the doing of a wrongful act — before the remedy becomes available.
Together, these two limits keep mandamus tethered to real, ripe disputes. A party cannot use it to guard against a hypothetical future failure, and a party cannot use it when, even if granted, the writ would change nothing.
Frequently Asked Questions
Will a Georgia court issue mandamus if the writ would accomplish nothing?
No. The section states that mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless.
Can mandamus be sought based on a fear that an officer might fail to act in the future?
No. The section states that mandamus will not be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act.
What must happen before mandamus becomes available under this section?
There must be a refusal to act or the doing of a wrongful act; mere suspicion or fear that this might occur is not enough.
What does “nugatory or fruitless” mean in this context?
It describes a writ that would serve no useful purpose even if granted, such as where compliance would not remedy the situation.
Does this section require proof the officer already refused to perform or acted wrongfully?
Yes. The statute conditions mandamus on an actual refusal to act or the actual doing of a wrongful act, not on the possibility that one might occur.
Amendment History
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.
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
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