§ 23-3-41. When Relief Granted; Costs
In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted to any complainant irrespective of whether the invalidity of the instrument sought to be canceled appears upon the face of the instrument or whether the invalidity appears or […]
§ 23-3-42. Cloud on Title; What Constitutes; When Removable
An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in or to the property may constitute a cloud on the title of the true owner; and the latter may proceed to have the same removed upon proof: […]
§ 23-3-1. Legal and Equitable Rights Given Effect; Legal and Equitable Remedies Applied
The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal, equitable, or both, and apply remedies or relief, legal, equitable, or both, in favor of either party, as the nature of the case may allow or require. History. Ga. L. 1887, p. 64, § […]
§ 23-3-2. How Equitable Relief Claimed
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. Law reviews. For comment on McMillian v. Spencer, 162 […]
§ 23-3-3. Ancillary Extraordinary Remedies
A person who asserts a claim for equitable relief may at any time, by proper pleading and proof, also apply for and obtain any of the extraordinary remedies available from the court in its exercise of equitable powers. History. Ga. L. 1884-85, p. 36, § 1; Civil Code 1895, § 4836; Civil Code 1910, § […]
§ 23-3-4. Extraordinary Remedies for Defendant
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.
§ 23-3-20. Nature of Ne Exeat; When Granted
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: In favor of an obligor, promisor, or partner, against his co-obligor, joint promisor, or copartner equally or partly responsible with him for any duty to be performed; Against […]
§ 23-3-21. Showing Required
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 interest. History. Orig. Code 1863, § […]
§ 23-3-22. Verification Necessary; Bond and Additional Verification at Judge’s Discretion
In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants. 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 him for obtaining the writ, before […]
§ 23-3-23. Defendant’s Bond; Responsibility of Officer Taking Insufficient Security
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 the writ, to answer to complainant’s claim or abide […]