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O.C.G.A. § 23-1-22 — Interference with creditor | Georgia Code
O.C.G.A. § 23-1-22 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 23 EQUITY

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

23-1-22. Interference with creditor.

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

(Civil Code 1895, § 3942; Civil Code 1910, § 4539; Code 1933, § 37-121.)

History of section.

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

JUDICIAL DECISIONS

Compulsion to litigate generally.

- Where 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 commission, 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 evidence 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).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.