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2018 Georgia Code 9-12-89 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-89 Case Law from Google Scholar Amendments to OCGA 9-12-89

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 JUDGMENT LIENS

9-12-89. Effect of appellate proceeding on lien.

A judgment in the trial court which is taken to the Supreme Court or the Court of Appeals and is affirmed loses no lien or priority by the proceeding in the appellate court.

(Orig. Code 1863, § 3498; Code 1868, § 3521; Code 1873, § 3579; Code 1882, § 3579; Civil Code 1895, § 5350; Civil Code 1910, § 5945; Code 1933, § 110-506.)

JUDICIAL DECISIONS

Meaning of section.

- This section provides that a judgment is suspended upon the entering of an appeal, but such suspension is not to affect the creditor's rights. In re Tinsley, 421 F. Supp. 1007 (M.D. Ga. 1976), aff'd, 554 F.2d 1064 (5th Cir. 1977).

Date of trial court judgment.

- As to personal property, former Code 1933, §§ 110-506 and 110-507 (see now O.C.G.A. §§ 9-12-80 and9-12-89) applied to establish the date of a trial court judgment as the date on which the creditors obtained a lien. In re Tinsley, 421 F. Supp. 1007 (M.D. Ga. 1976), aff'd, 554 F.2d 1064 (5th Cir. 1977).

Cited in Tilley v. King, 193 Ga. 602, 19 S.E.2d 281 (1942); Landmark First Nat'l Bank v. Schwall & Heuett, 161 Ga. App. 356, 288 S.E.2d 331 (1982); Nelson v. Smothers, 168 Ga. App. 120, 308 S.E.2d 239 (1983).

RESEARCH REFERENCES

C.J.S.

- 49 C.J.S., Judgments, § 797 et seq.

ALR.

- Validity, construction, and application of statute or ordinance requiring that judgments against municipality be paid in order of their entry or in other particular sequence, 138 A.L.R. 1303.

Issuance or levy of execution as extending period of judgment lien, 77 A.L.R.2d 1064.

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