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O.C.G.A. § 23-1-2 — Equity jurisdiction - Scope; modes of remedy | Georgia Code

O.C.G.A. § 23-1-2 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 23 EQUITY

Section 1. General Provisions, 23-1-1 through 23-1-25.

23-1-2. Equity jurisdiction - Scope; modes of remedy.

Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England.

(Orig. Code 1863, § 3033; Code 1868, § 3045; Code 1873, § 3100; Code 1882, § 3100; Civil Code 1895, § 3945; Civil Code 1910, § 4542; Code 1933, § 37-124.)

JUDICIAL DECISIONS

In England, as well as in most of the states, the rule that equity acts upon the person of the defendant is held to prevail, in the absence of statutory modification; so that it remains the general rule that jurisdiction in rem or quasi in rem, in equity, just as at law, is the creature of statutes, which are to be strictly construed. Grimmett v. Barnwell, 184 Ga. 461, 192 S.E. 191 (1937).

Cited in Voyles v. Federal Land Bank, 182 Ga. 569, 186 S.E. 405 (1936); Jackson v. Massachusetts Mut. Life Ins. Co., 183 Ga. 659, 189 S.E. 243 (1936); Rockefeller v. First Nat'l Bank, 213 Ga. 493, 100 S.E.2d 279 (1957).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 6, 118.

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