23-1-10. Who would have equity must do equity.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3017; Code 1868, § 3029; Code 1873, § 3084; Code 1882, § 3084; Civil Code 1895, § 3924; Civil Code 1910, § 4521; Code 1933, § 37-104.

Law reviews

For article discussing the historical background of the doctrine of tender and the application in Georgia of tender requirements, and proposing reforms, see 21 Mercer L. Rev. 413 (1969). For article discussing application of the principle that he who would have equity must do equity to taxpayer’s suits, see 7 Ga. St. B.J. 305 (1971).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, pages 239 to 240; merge action: carried; file SHA-256 b3cf4ff62f2f.