Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 4. ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF

23-2-76. Equitable setoff.

Active

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

Regarding a setoff, equity generally follows the law; but, if there is an intervening equity not reached by the law or if the setoff is of an equitable nature, equity shall take jurisdiction to enforce the setoff.

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, § 3072; Code 1868, § 3084; Code 1873, § 3141; Code 1882, § 3141; Civil Code 1895, § 3996; Civil Code 1910, § 4593; Code 1933, § 37-308.

Cross references

Setoff and recoupment generally, T. 13, C. 7.

Law reviews

For survey article citing developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981).

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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, page 409; merge action: carried; file SHA-256 b3cf4ff62f2f.