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Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 3. EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY · Article 4. EQUITABLE INTERPLEADER

23-3-90. Interpleader; when compelled; taxing of costs, attorney’s fees.

Active

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

  1. (a)

    Whenever a person is possessed of property or funds or owes a debt or duty, to which more than one person lays claim of such a character as to render it doubtful or dangerous for the holder to act, he may apply to equity to compel the claimants to interplead.#

  2. (b)

    If the person bringing the action has to make or incur any expenses in so doing, including attorney’s fees, the amount so incurred shall be taxed in the bill of costs, under the approval of the court, the court in its discretion determining the amount of the attorney’s fees, and shall be paid by the parties cast in the action as other costs are paid.#

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, § 3156; Code 1868, § 3168; Code 1873, § 3235; Code 1882, § 3235; Civil Code 1895, § 4896; Civil Code 1910, § 5471; Code 1933, § 37-1503; Ga. L. 1952, p. 90, § 1.

Law reviews

For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982).

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 505 to 506; merge action: annotated; file SHA-256 b3cf4ff62f2f.