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O.C.G.A. § 23-4-38 — Enforcement of extraordinary remedies | Georgia Code
O.C.G.A. § 23-4-38 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 23 EQUITY

Section 4. Equity Procedure, 23-4-1 through 23-4-38.

ARTICLE 3 DECREES

23-4-38. Enforcement of extraordinary remedies.

Injunction, ne exeat, prohibition, and other extraordinary remedies may be enforced by attachment for contempt.

(Orig. Code 1863, §§ 3157, 4127; Code 1868, §§ 3169, 4159; Code 1873, §§ 3237, 4218; Code 1882, §§ 3237, 4218; Civil Code 1895, §§ 4860, 4899; Civil Code 1910, §§ 5433, 5474; Code 1933, § 37-1210.)

JUDICIAL DECISIONS

Injunction is distinctly an equitable remedy, and a court of equity acts in personam, not in rem. It is relief which may be enforced by the court granting it by attachment against the party refusing to obey the mandates of the decree. Howard v. Warren, 206 Ga. 838, 59 S.E.2d 503 (1950).

The respondent in a citation for contempt is entitled to be apprised of the acts which he is charged with committing in violation of the injunctive order, so that he may be prepared to defend against such allegations on the hearing. Hortman v. Georgia Bd. of Dental Exmrs., 214 Ga. 560, 105 S.E.2d 732 (1958).

Cited in Isaac Silver & Bros. Co. v. Kalmon, 175 Ga. 244, 165 S.E. 434 (1932); Alred v. Celanese Corp. of Am., 205 Ga. 371, 54 S.E.2d 240 (1949).

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