§ 9-5-11.Injunctions against certain transactions outside state
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-5-11
Plain-English Summary
Equity’s power does not stop at the state line, at least not entirely. This section lets a Georgia court enjoin a defendant over transactions involving fraud, trust arrangements, or contracts that took place beyond Georgia’s borders.
The reach makes sense once you consider how equity works. An injunction operates against a person, not a place — it orders the defendant to do or not do something, and that order is enforceable as long as the court has the defendant before it. So even though the underlying fraud, trust, or contract happened elsewhere, a Georgia court with the defendant properly before it can still issue relief tied to that out-of-state conduct.
The three categories named — fraud, trust, and contracts — are not a random grouping. Each involves an ongoing relationship or obligation between the parties that a court can address directly through the defendant, rather than relief that depends on controlling property or events physically located in another state.
Frequently Asked Questions
Can a Georgia court enjoin conduct tied to a transaction that occurred outside Georgia?
Yes. The section states that equity may enjoin the defendant as to transactions involving fraud, trust, or contracts beyond the limits of this state.
What three types of out-of-state transactions does this section cover?
It covers transactions involving fraud, trust, or contracts.
Does this section require that the entire transaction have occurred outside Georgia?
The text refers to transactions “beyond the limits of this state” without further specifying how much of the transaction must occur outside Georgia.
Why can equity reach conduct connected to transactions outside the state?
The section does not explain the reasoning, but this kind of relief traditionally works by ordering the defendant personally, so it can extend to a defendant’s out-of-state dealings once the court has the defendant properly before it.
Does this section limit its reach only to defendants located in Georgia?
The section itself does not state a residency limit on the defendant; it addresses the location of the transaction, not the defendant’s location.
Amendment History
Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 55-112.