§ 23-4-36. Decree Transferable; Lien
A decree shall be transferable like other judgments and, when for money, shall constitute a like lien. History. Orig. Code 1863, § 4126; Code 1868, § 4158; Code 1873, § 4217; Code 1882, § 4217; Civil Code 1895, § 4859; Civil Code 1910, § 5432; Code 1933, § 37-1209.
§ 23-4-37. Attachments for Contempt; Executions Against Property
Every decree or order of a superior court or the Georgia State-wide Business Court in equitable proceedings may be enforced by attachment against the person for contempt. Decrees for money may be enforced by execution against the property. If a decree is partly for money and partly for the performance of a duty, the former […]
§ 23-4-38. Enforcement of Extraordinary Remedies
Injunction, ne exeat, prohibition, and other extraordinary remedies may be enforced by attachment for contempt. History. Orig. Code 1863, §§ 3157, 4127; Code 1868, §§ 3169, 4159; Code 1873, §§ 3237, 4218; Code 1882, §§ 3237, 4218; Civil Code 1895, §§ 4860, 4899; Civil Code 1910, §§ 5433, 5474; Code 1933, § 37-1210.
§ 23-4-2. How Extraordinary Remedies Claimed
A claim for extraordinary relief or remedy to aid an action or defense may be asserted either by original pleading or by amendment. History. Ga. L. 1887, p. 64, § 4; Civil Code 1895, § 4839; Civil Code 1910, § 5412; Code 1933, § 37-907.
§ 23-4-3. Claim of Legal and Equitable Relief by Defendant
A defendant to any action in the superior court or in the Georgia State-wide Business Court, whether the action is for legal or equitable relief, may claim legal or equitable relief, or both, by framing proper pleadings for that purpose and sustaining them by sufficient evidence. History. Ga. L. 1884-85, p. 36, § 2; Civil […]
§ 23-4-4. Proceedings Ex Parte or in Execution of Protective Powers; Petition
All ex parte proceedings or proceedings for the execution of the protective powers of equity over trust estates or the estates of wards of equity shall be initiated by presenting a petition to the court. The court may order such other proceedings as the necessity of each case demands. History. Orig. Code 1863, § 4130; […]
§ 23-4-5. Receipt of and Action on Petition; Transmittal of Proceedings to Clerk
The judge may receive and act upon the petitions described in Code Section 23-4-4 at chambers, always transmitting the entire proceedings to the clerk to be entered on the minutes or other records of the court. History. Ga. L. 1853-54, p. 59, § 1; Code 1863, § 4131; Code 1868, § 4163; Code 1873, § […]
§ 23-4-20. Who May Complain in Equity
Any person who may not bring an action at law may complain in equity and every person who is remediless elsewhere may claim the protection and assistance of equity to enforce any right recognized by the law. History. Orig. Code 1863, § 4090; Code 1868, § 4119; Code 1873, § 4178; Code 1882, § 4178; […]
§ 23-4-30. Nature of Decree; Signature and Entry
A decree is the judgment of the judge in equitable proceedings upon the facts ascertained and should be signed by him and entered on the minutes of the court. History. Orig. Code 1863, § 4122; Code 1868, § 4153; Code 1873, § 4212; Code 1882, § 4212; Civil Code 1895, § 4851; Civil Code 1910, […]
§ 23-4-31. Power of Court to Mold and Enforce Decrees
A superior court shall have full power to mold its decrees so as to meet the exigencies of each case and shall have full power to enforce its decrees when rendered. History. Orig. Code 1863, § 4123; Code 1868, § 4154; Code 1873, § 4213; Code 1882, § 4213; Civil Code 1895, § 4853; Civil […]