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2018 Georgia Code 10-7-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 10-7-28 Case Law from Google Scholar Amendments to OCGA 10-7-28

TITLE 10 COMMERCE AND TRADE

Section 7. Suretyship, 10-7-1 through 10-7-57.

ARTICLE 2 RELATIVE RIGHTS OF CREDITOR AND SURETY

10-7-28. Process sued out and judgment entered against surety as such.

When the fact of suretyship appears on the face of the contract, the creditor shall sue out process against the surety and enter up judgment against him as such.

(Laws 1845, Cobb's 1851 Digest, p. 598; Laws 1850, Cobb's 1851 Digest, p. 600; Code 1863, § 2137; Code 1868, § 2132; Code 1873, § 2159; Code 1882, § 2159; Civil Code 1895, § 2977; Civil Code 1910, § 3549; Code 1933, § 103-208.)

JUDICIAL DECISIONS

Judgment may be amended to describe surety as such.

- Judgment is not void by reason of failing to describe the security as security, but is amendable. Saffold v. Wade, 56 Ga. 174 (1876).

RESEARCH REFERENCES

ALR.

- Incapacity of principal to contract as affecting liability of guarantor or surety, 24 A.L.R. 838; 43 A.L.R. 589.

Right to and form of judgment against one discharged in bankruptcy in order to sustain attachment or garnishment or to perfect a right of action against one secondarily liable as surety on a bond given to dissolve the same, 81 A.L.R. 81.

Right to bring action against guarantor before right to bring action against principal has arisen, 145 A.L.R. 935.

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