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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 6. EXTRAORDINARY WRITS · Article 3. PROHIBITION

9-6-41. When writ granted; time for return; trial of fact issues.

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

  1. The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases.

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

Code 1863, §§ 3133, 3136; Code 1868, §§ 3145, 3148; Code 1873, §§ 3201, 3209a; Code 1882, §§ 3201, 3209a; Civil Code 1895, §§ 4876, 4885; Civil Code 1910, §§ 5449, 5458; Code 1933, §§ 64-301, 64-302.

Other notes

History of Section.
The language of this Code section is derived in part from the decision in Mayor of Brunswick v. Dure, 59 Ga. 803 (1877).

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, page 546; merge action: carried; file SHA-256 ea8a520ad52f.