2021 Georgia Code
Title 9 - Civil Practice
Chapter 5 - Injunctions
§ 9-5-1. For What Purposes Injunctions May Be Issued
Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law.
(Orig. Code 1863, § 3137; Code 1868, § 3149; Code 1873, § 3210; Code 1882, § 3210; Civil Code 1895, § 4913; Civil Code 1910, § 5490; Code 1933, § 55-101.)Law reviews.
- For article, "Injunction Procedure in Georgia," see 13 Ga. B.J. 300 (1951). For article advocating consistency in statutory provisions governing review of administrative conduct in Georgia, prior to the enactment of the Georgia Administrative Procedure Act, see 15 Ga. B.J. 153 (1952). For article, "The 1967 Amendments to the Georgia Civil Practice Act and the Appellate Procedure Act," see 3 Ga. St. B.J. 383 (1967). For article discussing validity of ex parte injunction affecting constitutionally protected rights, see 7 Ga. L. Rev. 246 (1973). For article, "State Court Injunctions in Labor Disputes," see 10 Ga. St. B.J. 559 (1974). For note advocating reassessment of state authority towards injunctions in labor disputes, see 18 Mercer L. Rev. 461 (1967). For note, "The Ongoing Royalty: What Remedy Should a Patent Holder Receive When a Permanent Injunction Is Denied," see 43 Ga. L. Rev. 543 (2009).JUDICIAL DECISIONS
- General Consideration
- Applicability to Specific Cases
Am. Jur. 2d.
- 42 Am. Jur. 2d, Injunctions, §§ 1, 24.C.J.S.
- 43A C.J.S., Injunctions, §§ 1, 2, 21, 27 et seq., 71 et seq., 79, 95.ALR.
- Effect of injunction restraining expulsion of member from benefit society, 1 A.L.R. 169.
Right to enjoin prosecution of civil action because of matters arising pendente lite, 3 A.L.R. 1026.
Injunction to prevent establishment or maintenance of garbage or sewage disposal plant, 5 A.L.R. 920; 47 A.L.R. 1154.
Injunction to prevent one person from associating with another, 5 A.L.R. 1044.
Contempt: violation of injunction by one not a party to injunction suit, 15 A.L.R. 386.
Pendency of action in federal court as ground of injunction against action in state court, 24 A.L.R. 1084; 122 A.L.R. 1425.
Decline in market value of corporate stock or securities during injunction against their disposal as damages recoverable for wrongful injunction, 29 A.L.R. 727.
Injunction against repeated or continuing trespasses on real property, 32 A.L.R. 463; 60 A.L.R.2d 310.
Right to enjoin threatened or anticipated nuisance, 32 A.L.R. 724; 55 A.L.R. 880.
Right to enjoin enforcement of illegal tax, local assessment, or license fee, upon joinder of several affected thereby, 32 A.L.R. 1266; 156 A.L.R. 319.
Power to enjoin holding of an election, 33 A.L.R. 1376; 70 A.L.R. 733.
Meritorious defense as a condition of injunction against judgment for want of jurisdiction, 39 A.L.R. 414; 118 A.L.R. 1498.
Partial dissolution of injunction as breach of injunction bond, 40 A.L.R. 990.
Interference with easement of light, air, or view by structure in street or highway as ground for injunction at instance of abutting owner, 40 A.L.R. 1321.
Injunction against discharge of employee, 44 A.L.R. 1443.
Liability apart from bond and in absence of elements of malicious prosecution for wrongfully suing out injunction, 45 A.L.R. 1517.
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.
Right to injunction to restrain acts or course of conduct without the required permit or license from public, 53 A.L.R. 811.
Right of property owner to enjoin projection from building over street or alley, 55 A.L.R. 911.
Injunction as a proper remedy by licensor where license to use real property is revoked, 56 A.L.R. 1110.
Injunction on ground of inconvenience against prosecuting action in a particular state or district, 57 A.L.R. 77; 115 A.L.R. 237.
Mandatory injunction as remedy for breach of restrictive covenant affecting real property, 57 A.L.R. 336.
Right of citizen or taxpayer to enjoin waste or expenditure of state funds, 58 A.L.R. 588.
Right of railroad company to prevent operations for gas or oil or other mining operations on right of way, 61 A.L.R. 1068.
Injunction against enforcement of judgment rendered in foreign country or other state, 64 A.L.R. 1136.
Right to injunction in labor dispute as affected by misconduct of complainant, 66 A.L.R. 1090.
Right of bus company or street car company to enjoin taxicab driver from picking up intending passengers, 66 A.L.R. 1380.
Who, other than abutting owner, may maintain a suit to enjoin closing or obstructing street or highway, 68 A.L.R. 1285.
Injunction against bringing or prosecuting action in another state or country because of the danger that result would be different from that which would be reached in the jurisdiction whose law is the proper governing law as regards matters of substance, 69 A.L.R. 591.
Penalty as limit of liability on injunction bond, 70 A.L.R. 591.
Injunction to continue status quo pending statutory proceedings impeaching local improvements or assessments, 77 A.L.R. 717.
Bond as condition of injunction in suits by or in interest of state or other political unit or taxpayer, 83 A.L.R. 205.
Injunction as proper remedy against tax on exempt property, 84 A.L.R. 1315.
Power to enjoin bringing or prosecution of action under Federal Employers' Liability Act in another jurisdiction, 85 A.L.R. 1351; 113 A.L.R. 1444; 136 A.L.R. 1232; 146 A.L.R. 1118.
Right to enjoin practice of profession or conduct of business without a license or permit, 92 A.L.R. 173.
Right of one not a party to a combination or contract in restraint of trade to maintain a suit to enjoin the same or to recover damages he suffers by reason thereof, 92 A.L.R. 185.
Right to injunction to protect easement of light and air, 93 A.L.R. 1180.
Right to mandamus as excluding remedy by injunction, 93 A.L.R. 1495.
Injunction as proper remedy to prevent unlicensed practice of law, 94 A.L.R. 359.
Validity and effect of statutes restricting remedy by injunction in industrial disputes, 97 A.L.R. 1333; 127 A.L.R. 868.
Remedy by mandatory injunction or specific performance for breach of contract to furnish one the requirements of his business, 98 A.L.R. 421.
Right to enjoin threats of suits for alleged infringement of patent, 98 A.L.R. 671.
Power to enjoin party from prosecuting or commencing an equitable suit, 102 A.L.R. 308.
Right to injunction to protect water rights as affected by fact that party seeking injunction contemplates no immediate use of rights, or by doctrine of comparative injury, 106 A.L.R. 687.
Construction and application of statutes denying remedy by injunction against assessment or collection of tax, 108 A.L.R. 184.
Jurisdiction to enjoin trespass upon real property in another state or country, 113 A.L.R. 940.
Right to enjoin removal of or interference with trees in highways, 116 A.L.R. 95.
Right to specific performance, or injunction against breach, of lease or sublease or of contract to make lease as affected by right of complainant to cancel lease before expiration of term for which other party is bound, 117 A.L.R. 256.
Right to enjoin prosecution of action in court of limited jurisdiction because of counter-rights or claims in behalf of defendant which are beyond such limited jurisdiction, 125 A.L.R. 337.
Injunction against suit in another state or country for divorce or separation, 128 A.L.R. 1467; 54 A.L.R.2d 1240.
Injunction, rather than quo warranto, as available to restrain enforcement of tax against real property upon ground involving attack upon legal existence of municipality, or upon inclusion of property within its boundaries, 129 A.L.R. 255.
Restitution as remedy for wrongful injunction, 131 A.L.R. 878.
Taxpayer's right to maintain action to enjoin wrongful expenditure of public funds, as affected by the fact that the funds in question were not raised by taxation, 131 A.L.R. 1230.
Injunction against picketing per se, where past picketing has been accompanied by violence or other improper conduct, 132 A.L.R. 1218.
Injunction against exercise of power of eminent domain, 133 A.L.R. 11; 93 A.L.R.2d 465.
Injunction by appellate court to protect subject matter of appeal or preserve status quo as between the parties, 133 A.L.R. 1105.
Taxpayer's action to enjoin payment to one alleged to hold office or position illegally, 137 A.L.R. 631.
Injunction against legislative body of state or municipality, 140 A.L.R. 439.
Injunction against acts or conduct, in street or vicinity, tending to disparage plaintiff's business or his merchandise, 144 A.L.R. 1181.
Injunction as remedy in case of trade libel, 148 A.L.R. 853.
Reversal, modification, dismissal, dissolution, or resettlement of injunction order or judgment as affecting prior disobedience as contempt, 148 A.L.R. 1024.
Interference during labor dispute with performance by common carrier or other public utility of its duties to the public as ground for injunctive relief, 149 A.L.R. 1243.
Necessity and sufficiency of effort to settle dispute as condition of right to injunction in labor dispute under statutes restricting remedy by injunction in labor disputes, 150 A.L.R. 819.
Injunction in respect of property as covering action for rent or for use and occupation, 155 A.L.R. 844.
Specific performance or injunction as proper remedy for breach of collective bargaining agreement, 156 A.L.R. 652.
Specific performance, or injunction against breach, of contract for organization or reorganization of corporation, 158 A.L.R. 997.
What amounts to seizure and holding of employer's plant, equipment, machinery, or other property within statutory exception to inhibition on injunctions in labor disputes, 163 A.L.R. 668.
Injunction pendente lite in suit for divorce or separation, 164 A.L.R. 321.
Legality of, and injunction against, peaceable picketing by labor union, of plant whose employees are represented by another union as statutory bargaining agent, 166 A.L.R. 185.
Effect of, and remedies for, exclusion of eligible class of persons from jury list in civil case, 166 A.L.R. 1422.
Inadequacy of legal remedy as basis for equitable relief from levy of execution, 171 A.L.R. 221.
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.
Power to enjoin canvassing votes and declaring result of election, 1 A.L.R.2d 588.
Capacity of taxpayers to maintain suit to enjoin submission of initiative, referendum, or recall measure to voters, 6 A.L.R.2d 557.
Injunction by state court against action in court of another state, 6 A.L.R.2d 896.
Adequacy, as regards right to injunction, of other remedy for review of order fixing public utility rates, 8 A.L.R.2d 839.
Specific performance or injunctive relief against breach of contract, other than lease or agreement thereof, or contract for services, terminable by one party but not the other, 8 A.L.R.2d 1208.
Mandatory injunction prior to hearing of case, 15 A.L.R.2d 213.
Injunctive relief against submission of constitutional amendment, statute, municipal charter, or municipal ordinance, on ground that proposed action would be unconstitutional, 19 A.L.R.2d 519.
Suspension or expulsion from social club or similar society and the remedies therefor, 20 A.L.R.2d 344.
Suspension or expulsion from professional association and the remedies therefor, 20 A.L.R.2d 531.
Decree granting or refusing injunction as res judicata in action for damages in relation to matter concerning which injunction was asked in first suit, 26 A.L.R.2d 446.
Mandatory injunction to compel removal of encroachments by adjoining landowner, 28 A.L.R.2d 679.
State's power to enjoin violation of collective labor contract as affected by federal labor relations acts, 32 A.L.R.2d 829.
State court's power to enjoin picketing as affected by Labor Management Relations Act, 32 A.L.R.2d 1026.
Injunction as remedy against removal of public office, 34 A.L.R.2d 554.
Bankruptcy court's injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.
Injunction as remedy against defamation of person, 47 A.L.R.2d 715.
Necessary parties defendant to independent action on injunction bond, 55 A.L.R.2d 545.
Duty to minimize damages for wrongful injunction, 66 A.L.R.2d 1131.
Specific performance of agreement, or provisions thereof, involving partnership at will, 70 A.L.R.2d 618.
Injunction to prevent violation of Sunday law, 76 A.L.R.2d 874; 10 A.L.R.4th 246.
Court's lack of jurisdiction of subject matter in granting injunction as a defense in action on injunction bond, 82 A.L.R.2d 1064.
Dismissal of injunction action or bill without prejudice as breach of injunction bond, 91 A.L.R.2d 1312.
Pollution control: preliminary mandatory injunction to prevent, correct, or reduce effects of polluting practices, 49 A.L.R.3d 1239.
Relief against school board's "busing" plan to promote desegregation, 50 A.L.R.3d 1089.
Validity, construction, and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.
Recovery of damages resulting from wrongful issuance of injunction as limited to amount of bond, 30 A.L.R.4th 273.
Right of employee to injunction preventing employer from exposing employee to tobacco smoke in workplace, 37 A.L.R.4th 480.
Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603.
What constitutes plain, speedy, and efficient state remedy under Tax Injunction Act (28 USCS § 1341), prohibiting federal district courts from interfering with assessment, levy, or collection of state business taxes, 31 A.L.R. Fed. 2d 237.