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2018 Georgia Code 9-13-106 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 9-13-106 Case Law from Google Scholar Amendments to OCGA 9-13-106

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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