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Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 3. EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY · Article 2. NE EXEAT

23-3-20. Nature of ne exeat; when granted.

Active

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

  1. The writ of ne exeat shall issue to restrain a person from leaving the jurisdiction of the state. The writ may be granted in the following cases:

  2. (1)

    In favor of an obligor, promisor, or partner, against his co-obligor, joint promisor, or copartner equally or partly responsible with him for any duty to be performed;#

  3. (2)

    Against persons illegally removing the property of a decedent or of a minor, at the instance of any person interested therein, or of a next friend of the minor;#

  4. (3)

    At the instance of a remainderman or reversioner against anyone attempting to remove the property in which the remainder or reversion exists or may contingently exist;#

  5. (4)

    At the instance of a mortgagee against a person holding the equity of redemption;#

  6. (5)

    At the instance of any person interested legally or equitably in property about to be removed, where no adequate remedy is afforded at law.#

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

Laws 1814, Cobb’s 1851 Digest, p. 526; Code 1863, § 3147; Code 1868, § 3159; Code 1873, § 3226; Code 1882, § 3226; Civil Code 1895, § 4886; Civil Code 1910, § 5459; Code 1933, § 37-1401.

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 474; merge action: carried; file SHA-256 b3cf4ff62f2f.