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, […]
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 […]
Equity may decree in cases of fraud, trust, or contract, although property not within the jurisdiction may be affected by the decree. History. Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 37-1204. History of Code section. This Code section is derived from the decision in Engel v. Scheuerman, 40 Ga. […]
When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts, and the judge of the Georgia State-wide Business Court in matters of contract only, shall have power to render any decree that may be necessary and […]
At any stage in the progress of an action seeking equitable relief, if any portion of the same is ready for or requires a decree, the court may hear and determine such matters and pass such interlocutory decree or order as may advance the cause and expedite a final hearing. If no issue of fact […]
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 […]
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.
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 […]
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.