Title 23 — Equity

Electric transmission lines. Construction of lines with operating voltage of 115 kilovolts or greater. Route selection, settlement negotiations with property owners, §22-3-161. Eminent domain. Electric transmission lines. Construction of lines with operating voltage of 115 kilovo…

A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the par…

Mistakes relievable in equity generally, §23-2-21. Negligence of complaining party preventing relief, §23-2-32. When negligent complainant granted relief, §23-2-32. Original parties. Relief against, §23-2-34. Privies. Relief against, §23-2-34. Reforming contract in case of mistak…

(a) The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence, the absence of which would be a violation of legal duty. (b) Relief may be granted even in cases of negligence by the complainant if it appears that the other party has …

Grounds for equitable relief. Accident and mistake generally, §§23-2-20 to 23-2-34. MUNICIPAL CORPORATIONS —Cont’d Relocation assistance and land acquisition. Exercise of powers by municipality with population of 350,000 or more, §22-4-11.1. Taxpayer protection against false clai…

Misrepresentation, §23-2-52. Proving existence, §23-2-57. Suppression of fact, §23-2-53. Surprise as a form of fraud, §23-2-54. Trademarks, names or devices. Use of similar trademarks, names or devices, §23-2-55. 572 INDEX FRAUD AND DECEIT —Cont’d Existence of fraud. Proving, §23…

(a) Fraud may be actual or constructive. (b) Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of any act of omission or commission, contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to …

Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or 338 23-2-52 made innocently and mistakenly and acted on by the opposite party, constitutes legal fraud. History. — Orig. Code 1863, § 3105; Code 1…

Suppression of a material fact which a party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case. History. — Orig. Code 1863, § 3106; Code 1…

Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted. History…

Jurisdiction over accounts, §23-2-70. Unclean hands. Fault unequal, §23-1-15. Who would have equity must do equity, §23-1-10. Unconscionability. Setting aside sale or contract for inadequate consideration, §23-2-2. Unequal equities. Superior equity prevails, §23-1-11. Unequal fau…

Fraud may be consummated by signs or tricks, or through agents employed to deceive, or by any other unfair way used to cheat another. History. — Orig. Code 1863, § 3107; Code 1868, § 3119; Code 1873, § 3176; Code 1882, § 3176; Civil Code 1895, § 4028; Civil Code 1910, § 4625; Cod…

Fraud may not be presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence. History. — Orig. Code 1863, § 2715; Code 1868, § 2709; Code 1873, § 2751; Code 1882, § 2751; Civil Code 1895, § 4029; Civil Code 1910, § 4626; Code …

Chase Manhattan Mortg. Corp., No. 1:07-CV-0121-JOF, 2008 U.S. Dist. LEXIS 76595 (N.D. Ga. Sept. 15, 2008). Homeowner sufficiently alleged a claim for breach of contract against the homeowner’s mortgage lender based on a promise in the security agreement that the lender would fore…

Where, by the act or consent of parties or the act of a third person or of the law, one person is placed in such relation to another that he becomes interested for him or with him in any subject or property, he is prohibited from acquiring rights in that subject or property which…

Ne exeat. When granted, §23-3-20. COSTS. Eminent domain. Proceeding before special masters. Compensation assessed as court cost, §22-2-106. Reasonable costs and expenses to owner. Final judgment prohibiting condemnation, proceeding abandoned, §22-1-12. Relocation assistance. Liti…

Equity jurisdiction over matters of account shall extend to: (1) Mutual accounts growing out of privity of contract; (2) Cases where accounts are complicated and intricate; (3) Cases where a discovery or writ of ne exeat is prayed and granted; (4) Cases where the account is of a …

In cases of joint, joint and several, or several liabilities of two or more persons, where all are equally bound to bear the common burden and one has paid more than his share, he shall be entitled to contribution from the others; and whenever the circumstances are such that an a…

Apportionment of a contract or of rent or hire may, from peculiar circumstances rendering the common-law remedy incomplete, become the subject of equitable jurisdiction. History. — Orig. Code 1863, § 3067; Code 1868, § 3079; Code 1873, § 3134; Code 1882, § 3134; Civil Code 1895, …

Where several persons are interested in an estate as tenants for years, or for life, or in remainder or reversion, and encumbrances are to be discharged, the equitable division of the burden, according to the several interests, shall be a question for equitable interference. Hist…

If a party who has charge of the property of others shall so confound it with his own that the line of distinction cannot be drawn, all the inconvenience shall be thrown upon him who causes the confusion; and he shall distinguish his own property or lose it. History. — Orig. Code…

Setoff, §23-2-76. Jurisdiction. Equity jurisdiction over matters of account, §23-2-70. Mutual accounts. Equity jurisdiction. Accounts growing out of privity of contract, §23-2-70. Ne exeat. Equity jurisdiction over matters of account, §23-2-70. Trust funds. Equity jurisdiction ov…

Regarding a setoff, equity generally follows the law; but, if there is an intervening equity not reached by the law or if the setoff is of an equitable nature, equity shall take jurisdiction to enforce the setoff. History. — Orig. Code 1863, § 3072; Code 1868, § 3084; Code 1873, …

Taxpayer protection against false claims, §23-3-120. Material. Taxpayer protection against false claims, §23-3-120. Obligation. Taxpayer protection against false claims, §23-3-120. Official use. Taxpayer protection against false claims, §23-3-125. Original source. Taxpayer protec…

Equity will not interfere with the regular administration of estates, except upon: (1) Application of the representative: (A) For construction and direction; or (B) For marshaling the assets; or (2) Application of any person interested in the estate where there is danger of loss …

In cases of difficulty in construing wills, in distributing estates, in ascertaining the persons entitled, or in determining under what law property should be divided, the representative may ask the direction of the court, but not on imaginary difficulties or from excessive cauti…

In all cases where legal difficulties arise as to the distribution of assets in payment of debts or where from any circumstances the ordinary process of law would interfere with the due administration of an estate, without fault on the part of the representative of the estate, a …

MINORS. Decrees. Consent of guardian or guardian ad litem, §23-4-33. Eminent domain. Proceeding before assessors. Guardian ad litem, §22-2-21. Manner of payment where owner a minor without a legal representative, §22-2-86. Notice, §22-2-21. Proceeding before special masters. Serv…

Creditors’ petitions may be filed at the instance of any creditor, the privilege being extended to all to appear and become parties within a reasonable time. History. — Orig. Code 1863, § 3079; Code 1868, § 3091; Code 1873, § 3148; Code 1882, § 3148; Civil Code 1895, § 4003; Civil…

Application, §23-2-98. Intervention in case disposing of assets. Time limit, §23-2-97. Joint assets. Application, §23-2-98. Legal assets. Defined, §23-2-90. Marshaling assets. Compelled election, §23-2-94. Decedents’ estates, §23-2-93. Orders in cases disposing of assets. Publicat…

Legal and equitable assets, §23-2-90. Equitable assets. Defined, §23-2-90. When assets reached by creditor, §23-2-96. Individual assets.

Joint assets shall be applied to joint debts, and individual assets to individual debts; but, when the joint assets are exhausted, the joint debts may come upon individual assets, the individual debts, without regard to relative dignity as compared with the joint debts, being firs…

(a) It being the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: (1) To confirm some right which has been previously satisfactorily established by more than one legal trial and is likely to be litigated again; (2) To avoid a …

As used in this article, the term: (1) ‘‘Claim’’ means any request or demand, whether under a contract or otherwise, for money or property, and whether or not this state or a local government has title to such money or property that is: (A) Presented to an officer, employee, or a…

(a) Any person, firm, corporation, or other legal entity that: (1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulen…

Designation, §23-3-125. Taking of oral testimony, §23-3-125. Final judgment in criminal proceeding, effect on civil action, §23-3-123. Interrogatories. Civil investigative demand, §23-3-125. Intervention in action by governmental entity, §§23-3-122, 23-3-123. TAXPAYER PROTECTION …

TELEGRAPHS. Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to 22-3-4. Evidence upon which findings may be based, §22-3-4. Form of assessors’ findings, §22-3-3. Notice of condemnation, §22-3-1. Manner of service, §22-3-2. One proceeding, §22-3-3…

All civil actions brought under this article in a court of this state shall be brought in the county where the defendant or any one defendant, in the case of multiple defendants or defendants who are not residents of the State of Georgia, resides, can be found, transacts business…

(a) As used in this Code section, the term: (1) ‘‘Custodian’’ means the custodian, or any deputy custodian, designated by the Attorney General under paragraph (1) of subsection (j) of this Code section. (2) ‘‘Documentary material’’ includes the original or any copy of any book, r…

(a) The provisions of this article shall not be deemed exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. (b) This article shall be broadly construed and applied to promo…

Eminent domain. Proceeding before superior courts. Actions by court to discharge lien, §22-2-140. Relocation assistance and land acquisition. Eminent domain. Effect of chapter on power to tax, §22-4-12. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. TAXPAYER PR…

Any person may, in any civil action, claim equitable relief by appropriate and sufficient pleadings and obtain the equitable relief proper in the case. History. — Ga. L. 1884-85, p. 36, § 1; Civil Code 1895, § 4834; Civil Code 1910, § 5407; Code 1933, § 37-902.

The writ of ne exeat shall issue to restrain a person from leaving the jurisdiction of the state. The writ may be granted in the following cases: (1) In favor of an obligor, promisor, or partner, against his co-obligor, joint promisor, or copartner equally or partly responsible w…

In every case of application for a writ of ne exeat, the complaining party shall show that no adequate remedy is afforded at law, and that the defendant is removing or about to remove himself, his property, or the specific property to which the complainant claims title or an inter…

(a) In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants. (b) The judge may, in his discretion, require the complainant to give bond and security for the payment of any damages which the defendant may recover from …

The defendant may relieve himself, his property, or the specific property from the restraint imposed by giving bond in double the value of plaintiff’s claim, with good security, to the officer serving the process, for the forthcoming of each or either, according to the tenor of th…

If the defendant fails or refuses to replevy the property, the court may, in its discretion, make such disposition of it as shall appear most advantageous to all parties. History. — Orig. Code 1863, § 3150; Code 1868, § 3162; Code 1873, § 3229; Code 1882, § 3229; Civil Code 1895,…

MULTIPLICITY OF ACTIONS. Bill of peace to avoid, §23-3-110. MUNICIPAL CORPORATIONS. Claims against local government entities. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Proce…

Enforcement, §23-4-38. For defendant, §23-3-4. How claimed, §23-4-2. Fault. Parties equally at fault, §23-1-15. Party’s fault unequal, §23-1-15. Follows analogy of law. Where no rule directly applicable, §23-1-6. EQUITY —Cont’d Follows the law, §23-1-6. Where rule of law applicab…

Any defendant may, by proper pleadings and sufficient evidence, obtain the benefit of extraordinary remedies allowed in equitable proceedings by the superior court. History. — Ga. L. 1884-85, p. 36, § 2; Civil Code 1895, § 4838; Civil Code 1910, § 5411; Code 1933, § 37-906.