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

O.C.G.A. § 41-3-5 (2019)

Procedure for trial for action to enjoin a nuisance; admissibility of evidence

✓ 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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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.

History

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

Annotations

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 nui-

sance 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 Ga. LEXIS 315 (1925).

RESEARCH REFERENCES Am. Jur. 2d. 58 Am. Jur. 2d, Nuisances, § 137 et seq. C.J.S. 27 C.J.S., Disorderly Houses, § 18. 66 C.J.S., Nuisances, § 193 et seq.

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