§ 9-5-3. When Court Proceedings Enjoined; Injunctions Against Sheriffs’ Sales

1. Equity will not enjoin the proceedings and processes of a court of law, absent some intervening equity or other proper defense of which a party, without fault on his part, cannot avail himself at law.
2. Writs of injunction may be issued by judges of the superior courts to enjoin sales by sheriffs, at any time before a sale takes place, in any proper case made by application for injunction.

History. Orig. Code 1863, § 3140; Code 1868, § 3152; Code 1873, § 3218; Ga. L. 1878-79, p. 139, § 1; Code 1882, § 3218; Civil Code 1895, § 4915; Civil Code 1910, § 5492; Code 1933, § 55-103.

Cross references.

Venue for actions for injunction to stay judicial proceedings, § 9-10-30 .

Law reviews.

For comment, “Antenuptial Agreements and Divorce in Georgia: Scherer v. Scherer,” see 17 Ga. L. Rev. 231 (1982).