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

O.C.G.A. § 9-4-10 (2019)

Equity jurisdiction not impaired

✓ 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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Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state or of the Georgia State-wide Business Court.

History

Ga. L. 1945, p. 137, § 10; Ga. L. 2019, p. 845, § 3-3/HB 239.

Annotations

The 2019 amendment, effective May 7, 2019, added "or of the Georgia State-wide Business Court" at the end of this Code section.

JUDICIAL DECISIONS

Limits on declaratory judgment not applicable to petition for equitable relief. - Rule that courts generally will not entertain an action for declaratory judgment as to questions which may be determined in a pending action is not applicable when the petitioners are seeking equitable relief. Todd v. Conner, 220 Ga. 173, 137 S.E.2d 614 (1964).

Cited in Shippen v. Folsom, 200 Ga. 58, 35 S.E.2d 915 (1945).

RESEARCH REFERENCES

Am. Jur. 2d. - 22A Am. Jur. 2d, Declaratory Judgments, § 65.

C.J.S. - 26 C.J.S., Declaratory Judgments, § 114.

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CHAPTER 5 INJUNCTIONS

Sec.

9-5-1. For what purposes injunctions may be issued.

9-5-2. No interference by equity in administration of criminal laws.

9-5-3. When court proceedings enjoined; injunctions against sheriffs' sales.

9-5-4. Grounds for restraint of trespass.

9-5-5. When waste enjoined.

9-5-6. Injunction against debtors not generally available to creditors.

9-5-7. When breach of contract for personal services enjoined.

9-5-8. Grant of injunctions in discretion of court; power to be exercised cautiously.

9-5-9. Second injunction in court's discretion.

9-5-10. Perpetual injunction after hearing.

9-5-11. Injunctions against certain transactions outside state.

RESEARCH REFERENCES

ALR. - Recovery of damages resulting from wrongful issuance of injunction as limited to amount of bond, 30 A.L.R.4th 273.