§ 23-2-32. When Negligent Complainant Granted Relief

1. 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.
2. Relief may be granted even in cases of negligence by the complainant if it appears that the other party has not been prejudiced thereby.

History. Civil Code 1895, § 3974; Civil Code 1910, § 4571; Code 1933, § 37-212.

History of Code section.

This Code section is derived from the decision in Werner v. Rawson, 89 Ga. 619 , 15 S.E. 813 (1892).

Law reviews.

For article, “Limitations on the Meaning and Impact of DeGarmo v. DeGarmo,” see 4 Ga. St. B.J. 20 (1998).