Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 9-12-65 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-65 Case Law from Google Scholar Amendments to OCGA 9-12-65

TITLE 9 CIVIL PRACTICE

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

ARTICLE 3 DORMANCY AND REVIVAL OF JUDGMENTS

9-12-65. Scire facias when judgment transferred.

When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee.

(Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979; Code 1933, § 110-1009; Ga. L. 1982, p. 3, § 9.)

JUDICIAL DECISIONS

Amendable defect not objected to curable by verdict.

- When the petition for revival of a judgment was defective, since the petition should have been brought in the name of the original plaintiff suing for the use of the transferee, this, being an amendable defect to which there was no demurrer (now motion to dismiss) or other objection upon the trial, was cured by the verdict. Walker v. Turner, 203 Ga. 525, 47 S.E.2d 504 (1948).

Effect of misnomer in scire facias petition.

- Judgment obtained by revival of a dormant judgment by scire facias in the name of a plaintiff as transferee, instead of in the name of the original plaintiff, suing for the use of the transferee, as required by this section, cannot be treated as a void judgment, unless it appears that the court rendering such judgment did not have jurisdiction. Chapman v. Taliaferro, 1 Ga. App. 235, 58 S.E. 128 (1907).

Cited in Trust Co. v. Mortgage-Bond Co., 203 Ga. 461, 46 S.E.2d 883 (1948).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 431 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 867.

No results found for Georgia Code 9-12-65.