O.C.G.A. § 23-3-3 (2019)
Ancillary extraordinary remedies
A person who asserts a claim for equitable relief may at any time, by proper pleading and proof, also apply for and obtain any of the extraordinary remedies available from the court in its exercise of equitable powers.
History
Ga. L. 1884-85, p. 36, § 1; Civil Code 1895, § 4836; Civil Code 1910, § 5409; Code 1933, § 37-904.
Annotations
Law reviews. - For survey article on
wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).
JUDICIAL DECISIONS Law does not permit the courts to grant relief under prayers for extraordinary remedies, when there is adequate remedy at law. Teasley v. Bradley, 110 Ga. 497, 35 S.E. 782, 78 Am. St. R. 113 (1900). See also, Kilpatrick v. Coates, 154 Ga. 643, 115 S.E. 103 (1922). History and purpose. - Former Code 1933, §§ 37-904, 37-905, 37-907, and other provisions were codified from the Uniform Procedure Acts of 1884 and 1887, vest authority in the superior courts of this state to settle in one proceeding all issues growing out of a justiciable controversy between the same parties; and, under these rules of procedure, it is clear that the plaintiffs can in a pending
processioning proceeding, by proper pleading and proof, obtain all of the relief sought in an independent action. Earney v. Owen, 213 Ga. 412, 99 S.E.2d 201 (1957). Cited in Liberty Lumber Co. v. Enecks, 23 Ga. App. 311, 98 S.E. 97 (1919); Kilpatrick v. Coates, 154 Ga. 643, 115 S.E. 103 (1922); Biddle v. Papa, 180 Ga. 468, 179 S.E. 357 (1935); Hoxie v. Americus Auto. Co., 73 Ga. App. 686, 37 S.E.2d 808 (1946); Georgia Power Co. v. Mayor of Athens, 206 Ga. 513, 57 S.E.2d 573 (1950); Seckinger v. Citizens & S. Nat’l Bank, 213 Ga. 586, 100 S.E.2d 587 (1957); Ogletree v. Cathrall, 110 Ga. App. 100, 137 S.E.2d 799 (1964).
RESEARCH REFERENCES ALR. - Joinder of parties or causes of action in suits under the Federal Employers’ Liability Act, 13 A.L.R. 159. Power of equity in absence of statute to render deficiency judgment in foreclosure action, 34 A.L.R. 1015. Reformation as condition of assertion of right of action or defense predicated on
the true contract differing from that evidenced by the written instrument; and right to both reformation and other relief in same action or suit, 66 A.L.R. 763. Remedy and procedure to avoid release or satisfaction of judgment, 9 A.L.R.2d 553.