§ 9-5-1.For what purposes injunctions may be issued
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-5-1
Plain-English Summary
This section lays the foundation for injunctive relief in Georgia. It tells courts sitting in equity what an injunction can reach: proceedings pending in another court or in the same court, a tort that has already happened or is about to happen, and any other act by a private individual or corporation that crosses the line into illegality or offends equity and good conscience.
Read closely, the final clause — “which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law” — attaches to that third, catch-all category of conduct, not to the first two. For an act to fall within this section’s third category, a party has to show it is both wrongful and one for which money damages or some other legal remedy would not fix the problem. Georgia courts also treat the lack of an adequate remedy at law as a hallmark of equitable relief more generally, including when weighing whether to restrain proceedings or a tort, but that broader principle comes from equity doctrine as a whole rather than from this section’s own wording.
In practice, this is the statute a party points to when arguing that equity has jurisdiction over a dispute at all. Once a court agrees an injunction is available in principle, the more particular questions — how urgent the harm is, whether a bond is required, how much notice the other side gets — get worked out under Georgia’s broader civil practice rules rather than this chapter.
Frequently Asked Questions
What three categories of conduct can a Georgia court restrain with an injunction under this section?
Under this section, equity may restrain proceedings pending in another court or the same court, a tort that is threatened or already occurring, and any other act by a private individual or corporation that is illegal or contrary to equity and good conscience.
Does this section allow an injunction against harm that has not happened yet?
Yes. The section covers a “threatened” tort as well as an existing one, so a party does not have to wait for the harm to occur before asking a court to prevent it.
Does the “no adequate remedy at law” requirement apply to all three categories in this section?
By its text, that requirement is written into the third category — “any other act” of a private individual or corporation — rather than into the first two categories of court proceedings and torts. Courts also apply “no adequate remedy at law” as a general principle of equity when considering the other categories, but that broader rule comes from equity doctrine generally, not from this section’s express language.
Can an injunction under this section be directed at a corporation?
Yes. The text expressly covers acts of “a private individual or corporation,” so corporate conduct that is illegal or contrary to equity and good conscience falls within the same rule as conduct by an individual.
Does this section spell out the procedure for obtaining an injunction?
No. It defines the scope of what equity may restrain, not the mechanics of applying for relief, such as notice, hearings, or bond — those procedures are addressed elsewhere in Georgia’s civil practice rules.
Amendment History
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.