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

O.C.G.A. § 9-5-1 (2019)

For what purposes injunctions may be issued.

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
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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Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law.

History

(Orig. Code 1863, § 3137; Code 1868, § 3149; Code 1873, § 3210; Code 1882, § 3210; Civil Code 1895, § 4913; Civil Code 1910, § 5490; Code 1933, § 55-101.)

Notes of Decisions
Cited in 45 cases (8 in the last 5 years), 1985–2025 · leading case: Robbins v. Supermarket Equip. Sales, LLC, 722 S.E.2d 55 (Ga. 2012).
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Robbins v. Supermarket Equip. Sales, LLC, 722 S.E.2d 55 (Ga. 2012). · cites it 10× “Although SES did not file a claim or request any relief outside the scope of the GTSA, the trial court concluded SES was entitled to general equitable relief under OCGA § 9-5-1 because the trial court concluded SES had suffered an irreparable injury and was without an adequate…”
Williams v. Dekalb Cnty., 840 S.E.2d 423 (Ga. 2020). · cites it 2× “which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law[,]” OCGA § 9-5-1, Williams must show that the person he has sued is the one committing the act at issue, which, in this case, is the allegedly unlawful expenditure of…”
City of Cumming v. Flowers, 797 S.E.2d 846 (Ga. 2017). · cites it 2× “” OCGA § 9-5-1. In this case, *835 a petition for certiorari provided that adequate legal remedy.”
W. Sky Fin., LLC v. State, 793 S.E.2d 357 (Ga. 2016). · cites it 2× “18 See OCGA§ 9-5-1. In its amended complaint, the State asserted it was entitled, pursuant to the Payday Lending Act, to injunctive relief declaring illegal Georgia loans to be null and void ab initio and prohibiting Defendants from, among other things, collecting interest or…”
Morris v. Mullis, 590 S.E.2d 823 (Ga. Ct. App. 2003). · cites it 4× “OCGA §§ 9-5-1 and 9-5-3 expressly grant superior courts the equitable power to restrain proceedings in another court when there is no adequate remedy at law.”
Dep't of Transp. v. Mixon, 864 S.E.2d 67 (Ga. 2021). · cites it 2× “607, 610 (87 SE2d 317) (1955); see also OCGA § 9-5-1 (“Equity, by a writ of injunction, may restrain .”
Brogdon Ex Rel. Cline v. Nat'l Healthcare Corp., 103 F. Supp. 2d 1322 (N.D. Ga. 2000). · cites it 2× “The Court also rejects Defendants’ argument that injunctive relief is unavailable.”
Riley, Comm'r v. Georgia Ass'n of Club Executives, Inc.; & Vice Versa, 870 S.E.2d 405 (Ga. 2022). · cites it 4× “which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law[,]’ OCGA § 9-5-1, [the plaintiff] must show that the person [it] has sued is the one committing the act at issue[.”
Bishop v. Patton, 706 S.E.2d 634 (Ga. 2011). · cites it 2× “Finally, we apply interlocutory injunction and fraudulent transfer law to the trial court’s order regarding the bank account proceeds and the house.”
Durham v. Durham, 728 S.E.2d 627 (Ga. 2012). · cites it 2× “For example, injunctions are the quintessential form of equitable relief, see OCGA § 9-5-1 (“Equity, by a writ of injunction, may restrain [certain proceedings and acts].”
Hann v. Harpers Boutiques Int'l, 644 S.E.2d 337 (Ga. Ct. App. 2007). · cites it 4× “In their second enumeration of error, appellants challenge the trial court’s denial of their motion for interlocutory injunction in which they sought to stay the two related cases pending in state and magistrate court pursuant to OCGA § 9-5-1. 6 Appellants argue that the…”
Atlanta Pub. Schs. v. Diamond, 583 S.E.2d 500 (Ga. Ct. App. 2003). · cites it 2× “Therefore, Diamond’s failure to exhaust futile administrative remedies would not bar a direct proceeding before the superior court.”
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