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2018 Georgia Code 29-5-48 | Car Wreck Lawyer

TITLE 29 GUARDIAN AND WARD

Section 5. Conservators of Adults, 29-5-1 through 29-5-140.

ARTICLE 5 CONSERVATOR'S BOND AND OTHER OBLIGATIONS

29-5-48. Order of levy against property.

In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.

(Code 1981, §29-5-48, enacted by Ga. L. 2004, p. 161, § 1.)

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 (former 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.

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