§ 23-4-35. Confirmation of Sales Under Decrees
Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto. Such sales shall not be consummated until confirmed by him. History. Civil Code 1895, § 4856; Civil Code 1910, § 5429; Code 1933, § 37-1206. History of Code section. This Code […]
§ 23-3-124. Venue
All civil actions brought under this article in a court of this state shall be brought in the county where the defendant or any one defendant, in the case of multiple defendants or defendants who are not residents of the State of Georgia, resides, can be found, transacts business, or commits an act in furtherance […]
§ 23-3-125. Civil Investigative Demands
As used in this Code section, the term: “Custodian” means the custodian, or any deputy custodian, designated by the Attorney General under paragraph (1) of subsection (j) of this Code section. “Documentary material” includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document or data compilations […]
§ 23-3-126. Remedies Nonexclusive; Construction of Provisions
The provisions of this article shall not be deemed exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. This article shall be broadly construed and applied to promote the public’s interest in combating fraud and false […]
§ 23-3-127. Proceedings Involving Medicaid
If a civil action can be commenced pursuant to Article 7B of Chapter 4 of Title 49, the “State False Medicaid Claims Act,” the claimant shall proceed under Article 7B of Chapter 4 of Title 49. History. Code 1981, § 23-3-127 , enacted by Ga. L. 2012, p. 127, § 1-2/HB 822.
§ 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, § […]