Title 23 — Equity
0 chapters · 135 sections in this title.
O.C.G.A. § 23-4-1 Consolidation of actions
0.3K chars
Where there is one common claim to be asserted by or against several, and one is asserting the claim against many, or many against one, the court may utilize equitable powers to consolidate and determine the whole matter in one action. History. — Civil Code 1895, § 4846; Civil Co…
O.C.G.A. § 23-4-2 How extraordinary remedies claimed
0.2K chars
A claim for extraordinary relief or remedy to aid an action or defense may be asserted either by original pleading or by amendment. History. — Ga. L. 1887, p. 64, § 4; Civil Code 1895, § 4839; Civil Code 1910, § 5412; Code 1933, § 37-907.
O.C.G.A. § 23-4-20 Who may complain in equity
0.4K chars
Any person who may not bring an action at law may complain in equity and every person who is remediless elsewhere may claim the protection and assistance of equity to enforce any right recognized by the law. History. — Orig. Code 1863, § 4090; Code 1868, § 4119; Code 1873, § 4178…
O.C.G.A. § 23-4-3 Claim of legal and equitable relief by defendant
0.6K chars
A defendant to any action in the superior court or in the Georgia State-wide Business Court, whether the action is for legal or equitable relief, may claim legal or equitable relief, or both, by framing proper pleadings for that purpose and sustaining them by sufficient evidence.…
O.C.G.A. § 23-4-30 Nature of decree; signature and entry
0.3K chars
A decree is the judgment of the judge in equitable proceedings upon the facts ascertained and should be signed by him and entered on the minutes of the court. History. — Orig. Code 1863, § 4122; Code 1868, § 4153; Code 1873, § 4212; Code 1882, § 4212; Civil Code 1895, § 4851; Civ…
O.C.G.A. § 23-4-31 Bills of peace, §23-3-110
0.6K chars
Bona fide purchaser. Interference with, §23-1-20. Protection, §23-1-19. Bonds, surety. Payment of lost bonds, §23-2-3. Business court, state-wide. Jurisdiction vested in, §23-1-1. Claim of legal and equitable relief by defendant, §23-4-3. Clean hands doctrine. Who would have equit…
O.C.G.A. § 23-4-32 Decree affecting property outside jurisdiction
0.3K chars
Equity may decree in cases of fraud, trust, or contract, although property not within the jurisdiction may be affected by the decree. History. — Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 37-1204. History of Code section. — This Code section is derived from th…
O.C.G.A. § 23-4-34 Liens, §23-4-36
1.0K chars
Molding, §23-4-31. Nature, §23-4-30. Property outside jurisdiction, §23-4-32. Sales. Confirmation, §23-4-35. Signature, §23-4-30. Transferability, §23-4-36. Wills, §23-4-33. Defendant’s extraordinary remedies, §23-3-4. Delays rendering ascertainment of truth difficult. Laches, §23…
O.C.G.A. § 23-4-35 Confirmation of sales under decrees
0.4K chars
Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto. Such sales shall not be consummated until confirmed by him. History. — Civil Code 1895, § 4856; Civil Code 1910, § 5429; Code 1933, § 37-1206.…
O.C.G.A. § 23-4-36 Decree transferable; lien
0.3K chars
A decree shall be transferable like other judgments and, when for money, shall constitute a like lien. 542 History. — Orig. Code 1863, § 4126; Code 1868, § 4158; Code 1873, § 4217; Code 1882, § 4217; Civil Code 1895, 23-4-37 § 4859; Civil Code 1910, § 5432; Code 1933, § 37-1209.
O.C.G.A. § 23-4-37 Attachments for contempt; executions against property
0.8K chars
Every decree or order of a superior court or the Georgia State-wide Business Court in equitable proceedings may be enforced by attachment against the person for contempt. Decrees for money may be enforced by execution against the property. If a decree is partly for money and part…
O.C.G.A. § 23-4-38 Who may complain in equity
0.5K chars
Nature of decree; signature and entry. Power of court to mold and enforce decrees. Decree affecting property outside jurisdiction. Decree in will or contract matters; consent of guardian or guardian ad litem. Interlocutory decrees and orders. Confirmation of sales under decrees. D…
O.C.G.A. § 23-4-4 Proceedings ex parte or in execution of protective powers; petition
0.5K chars
All ex parte proceedings or proceedings for the execution of the protective powers of equity over trust estates or the estates of wards of equity shall be initiated by presenting a petition to the court. The court may order such other proceedings as the necessity of each case dem…
O.C.G.A. § 23-4-5 Receipt of and action on petition; transmittal of proceedings to clerk
0.4K chars
The judge may receive and act upon the petitions described in Code Section 23-4-4 at chambers, always transmitting the entire proceedings to the clerk to be entered on the minutes or other records of the court. 533 History. — Ga. L. 1853-54, p. 59, § 1; Code 1863, § 4131; Code 18…