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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 5. INJUNCTIONS

9-5-3. When court proceedings enjoined; injunctions against sheriffs’ sales.

Active

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

  1. (a)

    Equity will not enjoin the proceedings and processes of a court of law, absent some intervening equity or other proper defense of which a party, without fault on his part, cannot avail himself at law.#

  2. (b)

    Writs of injunction may be issued by judges of the superior courts to enjoin sales by sheriffs, at any time before a sale takes place, in any proper case made by application for injunction.#

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, § 3140; Code 1868, § 3152; Code 1873, § 3218; Ga. L. 1878-79, p. 139, § 1; Code 1882, § 3218; Civil Code 1895, § 4915; Civil Code 1910, § 5492; Code 1933, § 55-103.

Cross references

Venue for actions for injunction to stay judicial proceedings, § 9-10-30.

Law reviews

For comment, “Antenuptial Agreements and Divorce in Georgia: Scherer v. Scherer,” see 17 Ga. L. Rev. 231 (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 t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, pages 476 to 477; merge action: carried; file SHA-256 ea8a520ad52f.