(a) Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal.
§ 9-6-28.Appeal
Chapter 6. Extraordinary Writs · Article 2. Mandamus · Last amended 2016 · Last verified July 17, 2026
In one sentenceThis section gives an applicant the right to appeal a court’s refusal to grant a mandamus nisi and gives either party the right to appeal the judgment after the hearing, directing that mandamus appeals follow the same laws and rules that apply to injunction appeals.
Full Text of § 9-6-28
(b) Mandamus cases shall be heard on appeal under the same laws and rules as apply to injunction cases.
Plain-English Summary
Losing at the mandamus stage does not end the matter. This section gives the applicant a right to appeal if the court refuses to grant the mandamus nisi in the first place, and it gives either side — applicant or defendant — a right to appeal the judgment that follows the hearing on the answer to the mandamus nisi.
Rather than build a separate appellate procedure just for mandamus, the statute borrows one that already exists: mandamus cases are heard on appeal under the same laws and rules that apply to injunction cases. That keeps the appellate mechanics consistent across two related areas of equitable and extraordinary relief.
Read together with the final-judgment rule found elsewhere in this chapter, this section identifies exactly which mandamus rulings can be appealed — the refusal to grant the nisi, and the judgment on the hearing — while that other rule confirms an appeal cannot happen until one of those constitutes a final judgment.
Frequently Asked Questions
Can an applicant appeal if the court refuses to grant the mandamus nisi?
Yes. Subsection (a) states that upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases.
Can the defendant also appeal after losing on the merits of a mandamus case?
Yes. The section states that either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal.
What body of appellate law governs how mandamus cases are heard on appeal?
Mandamus cases are heard on appeal under the same laws and rules as apply to injunction cases.
Does this section create a distinct appellate procedure just for mandamus?
No. It ties mandamus appeals to the existing rules governing injunction appeals rather than creating a separate procedure.
Does this section address when, in terms of timing, one of these appeals may be taken?
It identifies which rulings are appealable, but the timing requirement that an appeal wait for final judgment is addressed elsewhere in this chapter.
Amendment History
Ga. L. 1882-83, p. 103, §§ 3, 5; Civil Code 1895, §§ 4874, 4875; Civil Code 1910, §§ 5447, 5448; Code 1933, §§ 64-110, 64-111; Ga. L. 1946, p. 726, § 1; Ga. L. 2016, p. 865, § 3-5/HB 927.
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 appealappeal mandamus nisi denial georgiamandamus appeal same as injunction georgiageorgia mandamus appellate procedure