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2018 Georgia Code 18-3-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-3-6 Case Law from Google Scholar Amendments to OCGA 18-3-6

TITLE 18 DEBTOR AND CREDITOR

Section 3. Attachment Proceedings, 18-3-1 through 18-3-75.

ARTICLE 1 GENERAL PROVISIONS

18-3-6. Attachment against joint contractors or partners.

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.

(Ga. L. 1851-52, p. 19, § 1; Ga. L. 1855-56, 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, § 8-106.)

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).

In attachment against one member of partnership, the declaration need not be against all partners. Connon v. Dunlap, 64 Ga. 680 (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) (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).

Interest of tenants in common of a ship can be attached. Walter v. Kierstead, 74 Ga. 18 (1884).

Cited in Starr v. Mayer & Co., 60 Ga. 546 (1878); Shaw v. Goodman, 138 Ga. 567, 75 S.E. 661 (1912).

RESEARCH REFERENCES

ALR.

- Joint bank account as subject to attachment, garnishment, or execution by creditor of one of the joint depositors, 11 A.L.R.3d 1465.

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