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Georgia Statutes, Title 9

Georgia/Statutes

← All Georgia coverage

Title 9

16 chapters · 665 sections in this title.

All chapters in Title 9665 Ch 11, CIVIL PRACTICE ACT101 Ch 13, EXECUTIONS AND JUDICIAL SALES99 Ch 9, ARBITRATION83 Ch 10, CIVIL PRACTICE AND PROCEDURE GENERALLY76 Ch 12, VERDICT AND JUDGMENT70 Ch 3, LIMITATIONS OF ACTIONS51 Ch 14, HABEAS CORPUS38 Ch 2, ACTIONS GENERALLY31 Ch 7, AUDITORS23 Ch 16, UNIFORM CIVIL FORFEITURE PROCEDURE ACT22 Ch 6, EXTRAORDINARY WRITS20 Ch 8, RECEIVERS14 Ch 15, COURT AND LITIGATION COSTS14 Ch 4, DECLARATORY JUDGMENTS11

11 sections·Filtered byTitle 9✕Ch 5✕

O.C.G.A. § 9-5-1 For what purposes injunctions may be issued
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Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided a…
O.C.G.A. § 9-5-10 Perpetual injunction after hearing
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A perpetual injunction shall be granted only after hearing and upon a ﬁnal decree. History. Orig. Code 1863, § 3146; Code 1868, § 3158; Code 1873, § 3225; Code 1882, § 3225; Civil Code 1895, § 4923; Civil Code 1910, § 5500; Code 1933, § 55-111.
O.C.G.A. § 9-5-11 Injunctions against certain transactions outside state
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Equity may enjoin the defendant as to transactions involving fraud, trust, or contracts beyond the limits of this state. History. Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 55-112. History of Section. The language of this Code section is derived in part from t…
O.C.G.A. § 9-5-2 No interference by equity in administration of criminal laws
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Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them. History. Civil Code 1895, § 4914; Civil Code 1910, § 5491; Code 1933, § 55-102. History of Section…

O.C.G.A. § 9-5-3 Smith v

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Tronitec, Inc., 277 Ga. 210, 586 S.E.2d 661, 2003 Ga. LEXIS 790 (2003). Bank sued the bank’s customer to recover for an overdraft; before ﬁling the customer’s counterclaim, the customer sued the bank in another county. As the customer raised the same claims in the customer’s comp…

O.C.G.A. § 9-5-4 Grounds for restraint of trespass

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Equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent, or other circumstances exist which, in the discretion of the court, render the interposition of the writ necessary and proper, among which shall be the a…

O.C.G.A. § 9-5-5 When waste enjoined

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Equity will not interfere by injunction to restrain waste when the petitioner’s title is not clear. Such relief shall be granted only when the title is free from dispute. History. Civil Code 1895, § 4917; Civil Code 1910, § 5494; Code 1933, § 55-105. History of Section. The langu…

O.C.G.A. § 9-5-6 Injunction against debtors not generally available to creditors

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Creditors without liens may not, as a general rule, enjoin their debtors from disposing of property nor obtain injunctions or other extraordinary relief in equity. History. Civil Code 1895, § 4918; Civil Code 1910, § 5495; Code 1933, § 55-106. History of Section. The language of …

O.C.G.A. § 9-5-7 When breach of contract for personal services enjoined

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Generally an injunction will not issue to restrain the breach of a contract for personal services unless the services are of a peculiar merit or character and cannot be performed by others. History. Civil Code 1895, § 4919; Civil Code 1910, § 5496; Code 1933, § 55-107. History of…

O.C.G.A. § 9-5-8 Grant of injunctions in discretion of court; power to be exercised cautiously

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The granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case. This power shall be prudently and cautiously exercised and, except in clear and urgent cases, should not be resorted to. History. Orig. …

O.C.G.A. § 9-5-9 Second injunction in court’s discretion

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A second injunction may be granted in the discretion of the judge. History. Laws 1842, Cobb’s 1851 Digest, p. 528.; Code 1863, § 3144; Code 1868, § 3156; Code 1873, § 3223; Code 1882, § 3223; Civil Code 1895, § 4921; Civil Code 1910, § 5498; Civil Code 1933, § 55-109.