O.C.G.A.

O.C.G.A. § 10-7-53 (2019)

Controlling action on debt and judgments therein against cosureties

✓ 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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Code Sections 10-7-40 through 10-7-49 shall apply to cases where there is more than one surety, so as to enable a surety discharging a joint debt, in whole or in part, either pending the action or after joint or several judgments, to control the same against his cosureties for the purpose of compelling them to contribute their respective shares of the amount so paid by him.

History

Laws 1840, Cobb’s 1851 Digest, p. 597.; Laws 1850, Cobb’s 1851 Digest, p. 599.; Ga. L. 1857, p. 111, § 3; Code 1863,

§ 2148; Code 1868, § 2143; Code 1873, § 2170; Code 1882, § 2170; Civil Code 1895, § 2989; Civil Code 1910, § 3561; Code 1933, § 103-311.

Annotations

JUDICIAL DECISIONS Entry of payment must be endorsed on execution. - Surety who did not have any entry of payment endorsed on the fi. fa. as required by former Civil Code 1895, § 2986 was not equitably

subrogated to the rights of the plaintiff in the judgment so as to enforce contribution against a cosurety. Cureton v. Cureton, 120 Ga. 559, 48 S.E. 162, 1904 Ga. LEXIS 640 (1904).

RESEARCH REFERENCES Am. Jur. 2d. 74 Am. Jur. 2d, Suretyship, § 147. C.J.S. 72 C.J.S., Principal and Surety, § 225 et seq. ALR. Right of surety or guarantor who pays judgment to preservation thereof as against his cosureties or coguarantors, 71 A.L.R. 300. Joinder in one action of sureties on

different bonds relating to same matter, 106 A.L.R. 90; 137 A.L.R. 1044. Limitation by surety of amount of his liability as affecting liability to contribution, 172 A.L.R. 1447. Right of guarantor or surety, in order to avoid paying amount in excess of his proportionate share, to compel coguarantors or cosureties to pay their share to creditor, 38 A.L.R.3d 680.