Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
O.C.G.A. § 23-3-22 — Verification necessary; bond and additional verification at judge's discretion | Georgia Code
O.C.G.A. § 23-3-22 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 23 EQUITY

Section 3. Equitable Remedies And Proceedings Generally, 23-3-1 through 23-3-127.

ARTICLE 2 NE EXEAT

23-3-22. Verification necessary; bond and additional verification at judge's discretion.

  1. In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants.
  2. 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.

(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.)

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, §§ 254-275, 518-522.

C.J.S.

- 30 C.J.S., Equity, § 77.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.