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O.C.G.A. § 41-3-5 — Procedure for trial of action generally; admissibility of evidence of general reputation of building, structure, or place | Georgia Code

O.C.G.A. § 41-3-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 41 NUISANCES

Section 3. Places Used for Unlawful Sexual and Drug Activities, 41-3-1 through 41-3-13.

41-3-5. Procedure for trial of action generally; admissibility of evidence of general reputation of building, structure, or place.

An action to enjoin a nuisance shall be triable as all other civil cases. In such action, evidence of the general reputation of the building, structure, or place shall be admissible for the purpose of proving the existence of such nuisance.

(Ga. L. 1917, p. 177, § 3; Code 1933, § 72-305.)

JUDICIAL DECISIONS

Amendment showing abatement pending suit.

- It was error to refuse to allow a verified amendment to the defendant's answer to a petition to enjoin the defendant from conducting a nuisance in violation of this statute; the allegations of the amendment showing that the nuisance had been absolutely discontinued a few days after the beginning of the proceeding for injunction, and several weeks before the trial, and that all issues in the proceeding had become moot. Yancy v. State ex rel. Kelly, 161 Ga. 138, 129 S.E. 642 (1925).

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, § 142 et seq.

C.J.S.

- 27 C.J.S., Disorderly Houses, § 14. 66 C.J.S., Nuisances, § 200 et seq.

ALR.

- Venue of suit to enjoin nuisance, 7 A.L.R.2d 481.

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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.