When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly. History. Laws 1845, Cobb’s 1851 Digest, p. 598; Laws 1850, […]
In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied. History. Orig. Code 1863, § 3490; Code 1868, § 3513; […]
On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place. History. Orig. Code 1863, § 3370; Code 1868, § 3389; Ga. L. 1873, p. 21, § 1; Code 1873, § 3437; Code 1882, § 3437; […]
Executions issued in favor of or against partners, where the partnership style is used therein instead of the individual names of the persons composing the firm, shall be valid. History. Orig. Code 1863, § 3495; Code 1868, § 3518; Code 1873, § 3576; Code 1882, § 3576; Civil Code 1895, § 5346; Civil Code 1910, […]
Any plaintiff in judgment or transferee may in good faith and for a valuable consideration transfer any execution to a third person. In all cases the transferee of any execution shall have the same rights and shall be subject to the same equities and the same defenses as was the original plaintiff in judgment. History. […]
The transfer of an execution by the attorney of record shall be good to pass the title thereto as against every person except the plaintiff in execution or his assignee without notice. Ratification by the plaintiff shall estop him also from denying the transfer. Receipt of the money from the transfer shall be such a […]
Except as otherwise provided for in subsection (b) of this Code section, whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying […]
