O.C.G.A.

O.C.G.A. § 23-1-22 (2019)

Interference with creditor

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

A diligent creditor shall not needlessly be interfered with in the prosecution of his legal remedies.

History

Civil Code 1895, § 3942; Civil Code 1910, § 4539; Code 1933, § 37-121. History of Code section. - This Code

section is derived from the decision in Burgwyn Bros. Tobacco Co. v. Bentley & Co., 90 Ga. 508, 16 S.E. 216 (1892).

Annotations

JUDICIAL DECISIONS Compulsion to litigate generally. - When grievance is not that Public Service Commission refuses to hear and act upon an application of the telephone company for increased rates, but that the commis-

sion, having so heard and acted thereon, has fixed rates that are confiscatory, mandamus could merely require that the commission act again in the exercise of that discretion vested in it by law. If the evi-

dence shows that the rates ordered will result in confiscation, equity has jurisdiction to render the judgment complained of. Rates that are unjustly and unreasonably low are confiscatory. Southern Bell Tel. & Tel. Co. v. Georgia Pub. Serv. Comm’n, 203 Ga. 832, 49 S.E.2d 38 (1948). Remedy not ‘‘needlessly’’ interfered with. - O.C.G.A. § 23-1-22 did not provide grounds for refusing to allow a debtor corporation to assert an alter ego cause of

action against its former principal or for allowing a creditor to bring an alter ego action against the former principal in state court as the creditor’s chosen remedy was interfered with only because, in bankruptcy, all unsecured creditors with like claims were to be treated equally. Baillie Lumber Co. v. Thompson, 279 Ga. 288, 612 S.E.2d 296 (2005). Cited in Saul v. Vaughn & Co., 240 Ga. 301, 241 S.E.2d 180 (1977).

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Baillie Lumber Co. v. Thompson, 612 S.E.2d 296 (Ga. 2005).

Sort: Relevance Newest Treatment

Baillie Lumber Co. v. Thompson, 612 S.E.2d 296 (Ga. 2005). · cites it 2× “Baillie also argues that OCGA § 23-1-22 provides grounds for refusing to allow a corporation to assert an alter ego cause of action.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.