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O.C.G.A. § 45-12-27 — Calling out militia to execute laws | Georgia Code

O.C.G.A. § 45-12-27 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 12. Governor, 45-12-1 through 45-12-207.

ARTICLE 2 POWERS AND DUTIES GENERALLY

45-12-27. Calling out militia to execute laws.

It shall be the duty of the Governor to see that the laws of this state are executed. For this purpose he shall have the power, as commander in chief, to call out the state militia whenever, in his discretion, the due enforcement of the process of the courts shall be so resisted and defied as to require such intervention.

(Orig. Code 1863, § 58; Code 1868, § 54; Code 1873, § 51; Code 1882, § 51; Civil Code 1895, § 118; Civil Code 1910, § 141; Code 1933, § 40-201.)

Cross references.

- Status of Governor as commander-in-chief of militia, Ga. Const. 1983, Art. V, Sec. II, Para. III.

JUDICIAL DECISIONS

Duty as to process.

- Under O.C.G.A. § 45-12-27, the duty of the Governor in the last resort is to enforce the process of the courts. The Governor is the executive of the process of the courts, as well as for the enforcement of all law generally. The idea of making the Governor a party defendant without consent is inconsistent with this duty. Mayo v. Renfroe, 66 Ga. 408 (1881).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, §§ 4, 9.

C.J.S.

- 6 C.J.S., Armed Services, § 341 et seq. 77 C.J.S., Riot; Insurrection, § 28.

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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.