2020 Georgia Code
Title 23 - Equity
Chapter 1 - General Provisions
§ 23-1-3. Grounds for Equity Jurisdiction

Universal Citation: GA Code § 23-1-3 (2020)

Equity jurisdiction is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules of law would be deficient in protecting from anticipated wrong or relieving for injuries done.

(Orig. Code 1863, § 3014; Code 1868, § 3026; Code 1873, § 3081; Code 1882, § 3081; Civil Code 1895, § 3922; Civil Code 1910, § 4519; Code 1933, § 37-102.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 19 et seq., 87.

C.J.S.

- 30 C.J.S., Equity, § 19 et seq.

ALR.

- Right of victim of practical joke to recover against its perpetrator, 9 A.L.R. 364.

Jurisdiction of equity to protect personal rights, 14 A.L.R. 295.

Constitutionality of statute conferring on chancery courts power to abate public nuisance, 22 A.L.R. 542; 75 A.L.R. 1298.

Power of equity in absence of statute to render deficiency judgment in foreclosure action, 34 A.L.R. 1015.

Relief of purchaser against forfeiture of land contract, 40 A.L.R. 182.

Breach of building or construction contract as ground of suit in equity for its rescission, 52 A.L.R. 1175.

Validity and enforceability of restrictive covenants in contracts of employment, 52 A.L.R. 1362; 67 A.L.R. 1002; 98 A.L.R. 963.

Inherent power of equity, at instance of a stockholder, to appoint receiver for, or to wind up, a solvent, going corporation, on ground of fraud, mismanagement, or dissensions, 61 A.L.R. 1212; 91 A.L.R. 665.

Relief in equity from mistake of law, 75 A.L.R. 896.

Power of equity to enjoin prosecution of independent actions at law by different persons injured by the same tort, 75 A.L.R. 1444.

Jurisdiction of equity on the ground of avoiding multiplicity of actions at law of suit to enforce statutory liability of stockholders or to enjoin actions at law in that regard, 94 A.L.R. 1372.

Jurisdiction of equity courts in the United States, without the aid of statute expressly conferring it, to entertain independent suit for alimony or separate maintenance without divorce or judicial separation, 141 A.L.R. 399.

Right of lessee to equitable relief against forfeiture for breach of conditions as affected by lessor's giving a lease to or entering into other contractual obligations with a third person, 166 A.L.R. 807.

Remedy at law available to beneficiary of trust as exclusive of remedy in equity, 171 A.L.R. 429.

Injunction as remedy for breach of contract to employ plaintiff or give exclusive right to promote or sell defendant's product or invention, 173 A.L.R. 1198.

Jurisdiction of equity to protect personal rights; modern view, 175 A.L.R. 438.

Doctrine of constructive trust or unjust enrichment as applicable between owner and one who fraudulently procures tax certificates, 175 A.L.R. 700.

Purchaser's misrepresentations as to intended use of real property as ground for vendor's equitable relief from contract and deed, 35 A.L.R.3d 1369.

Construction and operation of parking-space provision in shopping-center lease, 56 A.L.R.3d 596.

Right of contingent remainderman to maintain action for damages for waste, 56 A.L.R.3d 677.

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