O.C.G.A. § 9-2-3 (2019)
Remedy for every right
For every right there shall be a remedy; every court having jurisdiction of the one may, if necessary, frame the other.
History
Orig. Code 1863, § 3174; Code 1868, § 3185; Code 1873, § 3250; Code 1882, § 3250; Civil Code 1895, § 4929; Civil Code 1910, § 5506; Code 1933, § 3-105.
Annotations
Law reviews. For comment on Henson v. Garnto, 88 Ga. App. 320, 76 S.E.2d 636 (1953), regarding recovery by wife under doctrine of respondeat superior for injuries caused by husband, see 5 Mercer L. Rev. 209 (1953). For comment on Hornbuckle v. Plantation Pipe Line Co., 212 Ga. 504, 93 S.E.2d 727 (1956), recognizing child’s right of
action for prenatal injuries suffered prior to viability, see 8 Mercer L. Rev. 377 (1957). For note on defamation in radio and television, see 15 Mercer L. Rev. 450 (1964). For article discussing the inefficiency of mandamus and impeachment as remedies for judicial inaction, see 5 Ga. St. B.J. 467 (1969). For note, “Whose Sperm Is It Anyways in the Wild, Wild West of the Fertility Industry?,” see 34 Ga. St. U.L. Rev. 847 (2018).
JUDICIAL DECISIONS App. 205, 35 S.E.2d 923, 1945 Ga. App. LEXIS 422 (1945). Malicious institution of lunacy proceedings. - Former Code 1933, § 105801 (see now O.C.G.A. § 51-7-40) which provided for a statutory cause of action for malicious prosecution of a criminal case, was not all inclusive, and did not preclude a cause of action where lunacy proceedings were instituted maliciously, in view of former Code 1933, § 3-104 (see now O.C.G.A. § 9-2-3). Guth v. Walker, 92 Ga. App. 490, 88 S.E.2d 821, 1955 Ga. App. LEXIS 617 (1955). Relief of surety. - To the extent to which Ga. L. 1943, pp. 282, 283 (O.C.G.A. §§ 17-6-31 and 17-6-71) fail to describe procedure by which surety may be relieved after final judgment, provisions of former Code 1933, § 3-105 (see now O.C.G.A. § 9-2-3) may be resorted to. Fields v. Arnall, 199 Ga. 491, 34 S.E.2d 692, 1945 Ga. LEXIS 418 (1945). “Single wrong” of false imprisonment is not made plural by alleging that it was made up of constituent parts: trespass, assault, and kidnapping. Wilson v. Bonner, 166 Ga. App. 9, 303 S.E.2d 134, 1983 Ga. App. LEXIS 2054 (1983). Modification of support order. - Fact that a procedure to permit the modification of a Uniform Reciprocal Enforcement of Support Act (URESA) (O.C.G.A. § 19-11-40 et seq.) support order may not be in place is a matter which addresses itself to the legislature, not the courts. State v. Garrish, 197 Ga. App. 816, 399 S.E.2d 572, 1990 Ga. App. LEXIS 1479 (1990).
Derivation of section from common law, see Tingle v. Harvill, 125 Ga. App. 312, 187 S.E.2d 536, 1972 Ga. App. LEXIS 1312 (1972). Section to be construed with O.C.G.A. § 44-12-21. - Former Civil Code 1910, §§ 3652 and 5508 (see now O.C.G.A. §§ 92-3 and 44-12-21), relating to rights and remedies to enforce chose in action, were construed together, and were based on the common law since the Statute of Westminister 11 (13 Edw. 1, ch. 24) was enacted. Moore v. City of Winder, 10 Ga. App. 384, 73 S.E. 529, 1912 Ga. App. LEXIS 527 (1912). Meaning of “remedy.” - Term “remedy,” when properly used, signifies and is limited to the judicial means or method whereby a cause of action may be enforced, including also the application of the measure of damages appropriate to the relief sought. Hamlin v. Johns, 41 Ga. App. 91, 151 S.E. 815, 1930 Ga. App. LEXIS 467 (1930). Remedy for arrest and detainer under void warrant. - When a person has been arrested and detained under a void warrant, the remedy is an action for false imprisonment. Wilson v. Bonner, 166 Ga. App. 9, 303 S.E.2d 134, 1983 Ga. App. LEXIS 2054 (1983). Action between spouses. - Former Code 1933, §§ 3-104, 79-205, and 79-206 (see now O.C.G.A. §§ 1-2-6 and 9-2-3) have been in each Code of Georgia, and do not purport to change the common law with respect to the right of one spouse to sue the other. Holman v. Holman, 73 Ga.
RESEARCH REFERENCES Suits and remedies against alien enemies, 155 A.L.R. 1451; 156 A.L.R. 1448; 157 A.L.R. 1449. Exhaustion of remedies within labor union as condition of resort to civil courts by expelled or suspended member, 87 A.L.R.2d 1099. State lotteries: actions by ticketholders against state or contractor for state, 40 A.L.R.4th 662. Private contests and lotteries: entrants’ rights and remedies, 64 A.L.R.4th 1021.
Am. Jur. 2d. 1 Am. Jur. 2d, Actions, § 53 et seq. C.J.S. 1A C.J.S., Actions, § 6 et seq. ALR. Rule of municipal immunity from liability for torts pertaining to governmental functions as affected by constitutional guaranty of remedy for all injuries and wrongs, 57 A.L.R. 419. Right of resident alien who is subject of an enemy country to prosecute suit during war, 143 A.L.R. 1517.