O.C.G.A.

O.C.G.A. § 29-5-47 (2019)

Levy upon property; writs of execution

✓ 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) When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa.

(b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.

History

(Code 1981, § 29-5-47, enacted by Ga. L. 2004, p. 161, § 1.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 3504 are included in the annotations for this Code section. History of former Civil Code 1895, § 3504 prior to 1958 amendment (for-

mer O.C.G.A. § 29-2-51) permitting levy of execution against any defendant in fieri facias, see Bailey v. McAlpin, 122 Ga. 616, 50 S.E. 388 (1905) (decided under former Civil Code 1895, § 3504). Cited in Rogers v. Taintor, 93 Ga. App. 54, 90 S.E.2d 629 (1955).

RESEARCH REFERENCES C.J.S. - 39 C.J.S., Guardian and Ward, §§ 201, 241, 242, 283 et seq.