§ 23-4-1. Consolidation of Actions
Where there is one common claim to be asserted by or against several, and one is asserting the claim against many, or many against one, the court may utilize equitable powers to consolidate and determine the whole matter in one action. History. Civil Code 1895, § 4846; Civil Code 1910, § 5419; Code 1933, § […]
§ 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, § […]