O.C.G.A. § 23-3-22 (2019)
Verification necessary; bond and additional verification at judge’s discretion
(a) In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants.
(b) The judge may, in his discretion, require the complainant to give bond and security for the payment of any damages which the defendant may recover from him for obtaining the writ, before granting an order for the issuing of the same, and may require a verification by all or any of the complainants.
History
Ga. L. 1855-56, p. 219, § 4; Ga. L. 1857, p. 109, § 1; Code 1863, § 3151; Code 1868, § 3163; Code 1873,
§ 3230; Code 1882, § 3230; Civil Code 1895, § 4890; Civil Code 1910, § 5463; Code 1933, § 37-1405.
Annotations
JUDICIAL DECISIONS Verification generally. - Resort must be had to the charges in the petition to decide whether the facts are sufficient
to entitle the complainants to the writ. McGehee v. Polk, 24 Ga. 406 (1858). Verification by agent. - An agent
may verify the application, for writ of ne exeat, provided he states the facts as positively and distinctly as is required of the complainant himself. But this does not deprive the court of the power to require
the verification to be by the complainant in person. Orme v. McPherson, 36 Ga. 571 (1867). See also, Old Hickory Distilling Co. v. Bleyer, 74 Ga. 201 (1884).
RESEARCH REFERENCES Am. Jur. 2d. - 6 Am. Jur. 2d, Attachment and Garnishment, §§ 254 et seq., 518 et seq.
C.J.S. - 30 C.J.S., Equity, § 77.