O.C.G.A.

O.C.G.A. § 15-9-62 (2019)

Issuance of writ of fieri facias for fees; defenses

✓ 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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(a) Whenever any costs are due the judge of the probate court by executors, administrators, or guardians, upon failure to pay the same on demand made, he is empowered to issue a writ of fieri facias at any regular term of court against the executors, administrators, or guardians for the amount due for costs at the time of the demand.

(b) In all cases tried before the judge of the probate court, where judgment has been entered, the judge is empowered to issue writs of fieri facias for his costs therein against the party or parties liable for costs.

(c) The writs of fieri facias provided for in subsections (a) and (b) of this Code section shall be directed ‘‘To all and singular the sheriffs of this state’’ and shall be made returnable to the probate court.

(d) Whenever any illegality or other defense is filed by the defendant or a claim is filed to the property levied on, the sheriff shall return the writ of fieri facias and the defense or claim to the next superior court of the county, where the issues made by the defense or claim shall be tried as are other cases in the superior court.

History

Ga. L. 1887, p. 54, §§ 1-4; Civil Code 1895, §§ 4243, 4244, 4245, 4246; Civil Code 1910, §§ 4801, 4802,

4803, 4804; Code 1933, 24-2002, 24-2003, 24-2004.

§§ 24-2001,

Annotations

JUDICIAL DECISIONS Judge may issue and sign execution for costs due probate court. - Ordinary (now probate judge) who has costs due the ordinary (now probate judge) by executors, administrators, or guardians was empowered, upon failure of such executors, administrators, or guardians to pay the costs, to issue a fieri facias at a regular term of court against such executors, administrators, or guardians, for the

amount due for costs at the time of demand. In such case, the fieri facias is not invalid because the fieri facias is signed by the ordinary (now probate judge) instead of by the clerk of such ordinary (now probate judge). Johnson v. Goins, 157 Ga. 430, 121 S.E. 830 (1924). Cited in Jones v. Head, 185 Ga. 857, 196 S.E. 725 (1938); Smith v. Deering, 880 F. Supp. 816 (S.D. Ga. 1994).

PROBATE COURTS RESEARCH REFERENCES

Am. Jur. 2d. - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 14, 15.

C.J.S. - 34 C.J.S., Executors and Administrators, §§ 1071, 1074.

Notes of Decisions

Cited in 1 case, 1994–1994 · leading case: Smith v. Deering, 880 F. Supp. 816 (S.D. Ga. 1994).

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Smith v. Deering, 880 F. Supp. 816 (S.D. Ga. 1994). · cites it 2× “O.C.G.A. § 15-9-62. Issuance of execution for costs; trial of illegality or defense in superior court.”

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.