O.C.G.A.

O.C.G.A. § 18-3-6 (2019)

Attachment against joint contractors or partners

✓ 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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In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint contractor or partner shall be in all respects as in other cases of attachment, except that such attachment shall be levied only upon the separate property of such joint contractor or partner.

History

Ga. L. 1851-52, p. 19, § 1; Ga. L. 185556, p. 25, § 26; Code 1863, § 3198; Code 1868, § 3209; Code 1873, § 3276; Code

1882, § 3276; Civil Code 1895, § 4522; Civil Code 1910, § 5067; Code 1933, § 8106.

Annotations

JUDICIAL DECISIONS Exception to rule that joint obligors are necessary parties. - Former Civil Code 1910, § 5067 provided an exception to rule that joint obligors are all necessary parties to suit on the obligation if within the jurisdiction of the court. Clark v. Maddox, 41 Ga. App. 807, 154 S.E. 728, 1930 Ga. App. LEXIS 1102 (1930). In attachment against one member of partnership, the declaration need not be against all partners. Connon v. Dunlap, 64 Ga. 680, 1880 Ga. LEXIS 390 (1880). Interest of one partner in partnership property was not subject to levy and sale under attachment; it could

only be reached at law by process of garnishment. J.A. Holifield & Co. v. White, 52 Ga. 567, 1874 Ga. LEXIS 350 (1874) (decided prior to repeal of § 14-8-74 by Ga. L. 1984, p. 1439). Partner as sole survivor and nonresident. - Attachment available against partner’s interest in partnership when the partner is the only survivor and nonresident. Leroy M. Wiley & Co. v. Sledge, 8 Ga. 532, 1850 Ga. LEXIS 89 (1850). Interest of tenants in common of a ship can be attached. Walter v. Kierstead, 74 Ga. 18, 1885 Ga. LEXIS 283 (1885).

RESEARCH REFERENCES ALR. Joint bank account as subject to attachment, garnishment, or execution by credi-

tor of one of the joint depositors, 11 A.L.R.3d 1465.