O.C.G.A.

O.C.G.A. § 10-7-28 (2019)

Process sued out and judgment entered against surety as such

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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.

Annotations

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 Ga. LEXIS 233 (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.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Musarra v. Bock, 684 S.E.2d 741 (N.C. Ct. App. 2009).

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Musarra v. Bock, 684 S.E.2d 741 (N.C. Ct. App. 2009). “” Defendant further argues that “[i]f Plaintiff has not properly brought the action according to the laws of the contracting state, North Carolina does not have subject matter jurisdiction.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.