Title 9 — Civil Practice
0 chapters · 503 sections in this title.
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. § 9-5-3 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 For what purposes injunctions may be issued
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No interference by equity in administration of criminal laws. When court proceedings enjoined; injunctions against sheriffs’ sales. Grounds for restraint of trespass. When waste enjoined. Injunction against debtors not generally available to creditors. Sec. 9-5-7. 9-5-8. 9-5-9. 9…
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 473 9-5-7 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. …
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.