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O.C.G.A. § 9-12-20 — Judgment when security given on appeal | Georgia Code
O.C.G.A. § 9-12-20 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 1 GENERAL PROVISIONS

9-12-20. Judgment when security given on appeal.

In all cases of appeal where security has been given, the plaintiff or his attorney may enter judgment against the principal and his surety jointly and severally.

(Laws 1826, Cobb's 1851 Digest, p. 498; Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882, § 3571; Civil Code 1895, § 5342; Civil Code 1910, § 5937; Code 1933, § 110-305.)

JUDICIAL DECISIONS

Verdict on trial of appeal in justice of the peace court.

- An attorney at law for a party in whose favor a verdict is rendered on the trial of an appeal in a justice of the peace court can enter in behalf of the attorney's client a judgment on such verdict at any time within four days after the judgment of the court, and, if such judgment conforms to the verdict, the justice has no alternative but to transcribe the verdict upon the docket. Scott v. Bedell, 108 Ga. 205, 33 S.E. 903 (1899).

Entering up judgment against defendant and sureties on replevy bond.

- When in the foreclosure of a landlord's lien the defendant contested the lien and gave a replevy bond for the eventual condemnation money, and the case was appealed to the superior court, after the jury found against the defendant, it was legal and proper to enter up judgment against the defendant, and also against the sureties on the replevy bond, without further notice to them. Peppers v. Coil, 113 Ga. 234, 38 S.E. 823 (1901).

Cited in Bank of Charleston v. Moore, 6 Ga. 416 (1849); Scott v. Bedell, 108 Ga. 205, 33 S.E. 903 (1899); Bailey v. Ware & Harper, 19 Ga. App. 255, 91 S.E. 275 (1917); CS-Lakeview at Gwinnett v. Retail Dev. Partners, 268 Ga. App. 480, 602 S.E.2d 140 (2004).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 325, 327.

ALR.

- Right of appeal from judgment or decree as affected by acceptance of benefit thereunder, 169 A.L.R. 985.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.