O.C.G.A.

O.C.G.A. § 9-12-20 (2019)

Judgment when security given on appeal

✓ 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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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.)

Annotations

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 ALR 985.

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: CS-Lakeview at Gwinnett, Inc. v. Retail Dev. Partners, 602 S.E.2d 140 (Ga. Ct. App. 2004).
CS-Lakeview at Gwinnett, Inc. v. Retail Dev. Partners, 602 S.E.2d 140 (Ga. Ct. App. 2004). · cites it 2× “See also OCGA§ 9-12-20. The trial court followed Georgia case law pre-dating Semtek that applies the federal common law rule to determine the preclusive *484 effect of federal judgments on appeal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.