O.C.G.A.
O.C.G.A.

O.C.G.A. § 41-3-10 (2019)

Issuance of permanent injunction; entry and enforcement of judgment; disposition of sums arising from enforcement of judgment

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Whenever a permanent injunction is issued against any person for maintaining a nuisance as described in Code Section 41-3-1 or against any owner of the building, structure, or place knowingly kept or used for the purposes prohibited by this chapter, the judge granting the injunction shall, at the same time, enter judgment against the person, firm, or corporation owning said building, structure, or place in the sum of $300.00; and said judgment shall be a special lien upon the premises complained of and the furniture and fixtures therein and shall as against the property rank from date with all other judgments or liens as provided by law.

(b) The judgment provided for in subsection (a) of this Code section shall issue in the name of the state and be enforced as other judgments in this state. The lien of the judgment upon the property used for the purpose of maintaining the nuisance shall not relieve the person maintaining the nuisance or the owner of the building, structure, or place from any of the other penalties provided by law.

(c) All sums arising from the enforcement of the judgment provided for in subsection (a) of this Code section shall be paid into the treasury of the county in which said judgment is entered and become part of the general funds of said county.

History

Ga. L. 1917, p. 177, § 8; Code 1933, § 72-312.

Annotations

JUDICIAL DECISIONS Knowledge by owner as to use of building. - Knowledge on the part of the owner that the premises were being used, or that the lessee when leasing the premises intended to use the premises, for the illegal purposes set forth in the act, is essential in order to subject the owner to the burden of a permanent injunction and

the penalty of the fine prescribed. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404, 1943 Ga. LEXIS 508 (1943). Satisfaction of a money judgment only in part would not affect the remainder or give a new right to the defendant. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404, 1943 Ga. LEXIS 508 (1943).