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2018 Georgia Code 5-6-16 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-6-16 Case Law from Google Scholar Amendments to OCGA 5-6-16

TITLE 5 APPEAL AND ERROR

Section 6. Certiorari and Appeals to Appellate Courts Generally, 5-6-1 through 5-6-51.

ARTICLE 1 GENERAL PROVISIONS

5-6-16. Time for appeal by representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard.

  1. When either the plaintiff or the defendant dies after a case has been tried and before the expiration of the time within which the party, if living, might have entered an appeal, and no appeal has been entered, the legal representative of the deceased party may enter an appeal within 30 days from the time he qualifies. If an appeal is not entered within the time prescribed in this Code section, judgment may be entered and execution issued as though the deceased party were alive, without making the representative a party.
  2. When an appeal is entered as provided in subsection (a) of this Code section, it shall not be necessary to revive the action, but it shall be revived by the appealing party giving notice to the adverse party within 30 days from the time of entering the appeal. When a defendant appeals, the case shall stand for trial on the appeal docket at the first term of the court after the expiration of six months from the qualification of the executor or administrator.
  3. In case of the death or removal from office of any executor or administrator pending such proceedings as are prescribed in subsections (a) and (b) of this Code section, an administrator de bonis non may be made a party in like manner.

(Laws 1843, Cobb's 1851 Digest, pp. 474, 502; Code 1863, §§ 3358, 3359, 3361; Code 1868, §§ 3377, 3378, 3380; Code 1873, §§ 3425, 3426, 3428; Code 1882, §§ 3425, 3426, 3428; Civil Code 1895, §§ 5023, 5024, 5026; Civil Code 1910, §§ 5605, 5606, 5608; Code 1933, §§ 3-408, 3-409, 3-411.)

Cross references.

- Death of party, Rules of the Supreme Court of the State of Georgia, Rule 10.

Parties, Rules of the Court of Appeals of the State of Georgia, Rule 39.

JUDICIAL DECISIONS

Section changed common law. Mims v. McKenzie, 22 Ga. App. 571, 96 S.E. 441 (1918).

Administrator de bonis non may be made party to suit in county of executor's residence.

- Administrator de bonis non is permitted to be made party to suit pending in county of residence of the executor. Walton v. Gill, 46 Ga. 600 (1872).

No application to foreign executors.

- Rule that an administrator de bonis may be made party to a suit in the county of the executor's residence does not apply to suits by foreign executors. Jones v. Lamar, 77 Ga. 149 (1886).

Section inapplicable when plaintiff executor died before trial. Edwards v. Sosebee, 188 Ga. 602, 4 S.E.2d 473 (1939).

Cited in Waldrop v. Nolan, 192 Ga. 234, 15 S.E.2d 225 (1941); Eubank v. Barber-Colman Co., 115 Ga. App. 217, 154 S.E.2d 638 (1967).

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, §§ 46, 103.

C.J.S.

- 1 C.J.S., Abatement and Revival, §§ 133, 138 et seq. 67A C.J.S., Parties, § 80 et seq.

ALR.

- Right of administrator de bonis non to recover proceeds of personal property of the estate converted by his predecessor, 3 A.L.R. 1252.

Right to revive by amendment an action dismissed by judgement entered upon plea of abatement or demurrer, 106 A.L.R. 570.

Death of principal defendant as abating or dissolving garnishment or attachment, 131 A.L.R. 1146.

Death of party to divorce suit after final divorce decree, but pending appeal or period allowed for appeal, 148 A.L.R. 1111.

Right of substitution of successive personal representatives as party plaintiff, 164 A.L.R. 702.

Order granting or denying revival of action after death of party as final order subject to appeal, 167 A.L.R. 261.

Continuance of civil case because of illness or death of party, 68 A.L.R.2d 470.

Validity of exception for specific kind of tort action in survival statute, 77 A.L.R.3d 1349.

Effect of death of party to divorce proceeding pending appeal or time allowed for appeal, 33 A.L.R.4th 47.

Abatement of state criminal case by accused's death pending appeal of conviction - modern cases, 80 A.L.R.4th 189.

Abatement effects of accused's death before appellate review of federal criminal conviction, 80 A.L.R. Fed. 446.

Cases Citing Georgia Code 5-6-16 From Courtlistener.com

Total Results: 2

Collier v. State

Court: Supreme Court of Georgia | Date Filed: 1979-10-30

Citation: 261 S.E.2d 364, 244 Ga. 553, 1979 Ga. LEXIS 1336

Snippet: (1962). Appellant's enumerations of error nos. 4,5,6,16 and 17 are therefore without merit. 4. Appellant's

Murray County v. Pickering

Court: Supreme Court of Georgia | Date Filed: 1944-09-08

Citation: 31 S.E.2d 722, 198 Ga. 354, 1944 Ga. LEXIS 415

Snippet: fact, and to findings of law numbered 2, 3, 4, 5, 6, 16, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38