In this view, it is unnecessary to determine whether the rule as to the existence of another remedy would apply at all, where, as here, the duty is one that is specifically imposed by statute. Compare Gresham v. Pyron, 17 Ga. 263 (3); Mitchell v. Hay, 37 Ga. 581; Bailey v. Strohecker, 38 Ga. 259 (95 Am. D. 388); Cheney v. Newton, 67 Ga. 477; Scott v. Bedell, 108 Ga. 205 ( 33 S.E. 903); Williams v. McArthur, 111 Ga. 28 (3) ( 36 S.E. 301); Southern Ry. Co. v. Atlanta Stove Works, 128 Ga. 207 ( 57 S.E. 429); Dollar v. Wind, 135 Ga. 760 (2) ( 70 S.E. 335); Douglas v. Austin-Western Road Machinery Co., 173 Ga. 834 ( 161 S.E. 811); City of Waycross v. Cullens, 190 Ga. 823 ( 10 S.E.2d 920); Speed Oil Co. v. Aldredge, 192 Ga. 285 (5) ( 15 S.E.2d 214). On the general subject, see Terrell v. Georgia Railroad BankingCo., 115 Ga. 104 ( 41 S.E. 262); 13 Am. Jur. 438, § 371; 34 Am. Jur. 838-41, §§ 42-46; 38 C. J. 561-63, §§ 32-34. 7.

Atlantic Ice Coal Corporation v. Decatur, 154 Ga. 882 (2) ( 115 S.E. 912). If the allegations are sufficient, as we think they are, to show that the plaintiff has a legal defense to the distress warrant, and in an effort to assert such defense it has complied with the law as to tendering a counter-affidavit, it would seem that the petition complies fully with the rule invoked. Burt v. Crawford, 180 Ga. 331 ( 179 S.E. 82); City of Waycross v. Cullens, 190 Ga. 823 ( 10 S.E.2d 920). 6. The petition for mandamus was not subject to dismissal on the ground that the landlord was not made a party.