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2018 Georgia Code 44-11-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-11-11 Case Law from Google Scholar Amendments to OCGA 44-11-11

TITLE 44 PROPERTY

Section 11. Ejectment and Proceedings Against Intruders, 44-11-1 through 44-11-33.

ARTICLE 1 EJECTMENT

44-11-11. Necessity for substitution upon death of codefendant in ejectment.

If a codefendant in any action of ejectment dies after the commencement of the action, the action may proceed against the surviving defendant without making the representative of the deceased codefendant a party.

(Orig. Code 1863, § 3374; Code 1868, § 3393; Code 1873, § 3441; Code 1882, § 3441; Civil Code 1895, § 5038; Civil Code 1910, § 5620; Code 1933, § 33-116.)

JUDICIAL DECISIONS

Procedure upon death of sole defendant.

- After the sole defendant in an action of ejectment has died, and another defendant has been brought in, and has pleaded to the merits, the action may proceed as to the latter, without making the representatives of the former a party. Gardner v. Granniss, 57 Ga. 539 (1876).

Cited in Henderson v. Hackney, 13 Ga. 282 (1853).

RESEARCH REFERENCES

C.J.S.

- 28A C.J.S., Ejectment, § 51 et seq.

ALR.

- Abatement by pendency of another action as affected by addition or omission of parties defendant in second suit, 44 A.L.R. 806.

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