Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 3. EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY · Article 1. GENERAL PROVISIONS

23-3-1. Legal and equitable rights given effect; legal and equitable remedies applied.

Active

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

The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal, equitable, or both, and apply remedies or relief, legal, equitable, or both, in favor of either party, as the nature of the case may allow or require.

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

Ga. L. 1887, p. 64, § 1; Civil Code 1895, § 4833; Civil Code 1910, § 5406; Code 1933, § 37-901.

Law reviews

For article discussing third party beneficiary contracts, see 4 Ga. B.J. 19 (1941). For comment on McMillian v. Spencer, 162 Ga. 659, 134 S.E. 921 (1926), see 1 Ga. L. Rev. 52 (1927). For comment on Waters v. Waters, 217 Ga. 557, 123 S.E.2d 765 (1962), see 25 Ga. B.J. 419 (1963).

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, page 464; merge action: carried; file SHA-256 b3cf4ff62f2f.