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O.C.G.A. § 9-13-106 — Withdrawal of original execution and filing of copy | Georgia Code
O.C.G.A. § 9-13-106 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 5 CLAIMS

9-13-106. Withdrawal of original execution and filing of copy.

The plaintiff in execution in all claim cases shall have the right to withdraw the original execution from the files of the court by making application therefor, in person or by attorney, to the clerk of the court if there is a clerk or to the court if there is no clerk. Upon application being made, the clerk or court shall make a true copy of the execution with all the entries thereon and shall certify the same to be true, which certified copy shall be filed with the claim papers in lieu of the original execution; and an entry of the filing shall be made thereon.

(Ga. L. 1887, p. 62, § 1; Civil Code 1895, § 4629; Civil Code 1910, § 5175; Code 1933, § 39-909.)

JUDICIAL DECISIONS

Plaintiff in execution in claim case may lawfully withdraw fieri facias from the files of the court without an order from the judge granting leave so to do, on application to the clerk or presiding judge. Bird v. Burgsteiner, 108 Ga. 654, 34 S.E. 183 (1899).

Cited in Porter Fertilizer Co. v. Cox, 169 Ga. 391, 150 S.E. 582 (1929).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 70, 90.

C.J.S.

- 33 C.J.S., Executions, §§ 15, 16.

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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.