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2018 Georgia Code 9-13-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-30 Case Law from Google Scholar Amendments to OCGA 9-13-30

TITLE 9 CIVIL PRACTICE

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

ARTICLE 2 PARTIES IN EXECUTION

9-13-30. Execution against sureties and endorsers.

When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly.

(Laws 1845, Cobb's 1851 Digest, p. 598; Laws 1850, Cobb's 1851 Digest, p. 600; Code 1863, § 3491; Code 1868, § 3514; Code 1873, § 3572; Code 1882, § 3572; Civil Code 1895, § 5343; Civil Code 1910, § 5938; Code 1933, § 39-107.)

JUDICIAL DECISIONS

Plaintiff or plaintiff's attorney must specify status of parties to promissory note.

- Former Code 1933, § 39-107 (see now O.C.G.A. § 9-13-30) placed the burden upon the plaintiff or the plaintiff's attorney in an action against a surety or an endorser on a promissory note to specify the status of the parties to the note. When this was not done, judgment and execution should be corrected under O.C.G.A. § 9-12-14. Franklin v. Sea Island Bank, 120 Ga. App. 654, 171 S.E.2d 866 (1969).

Tax execution sale proper.

- Trial court properly granted summary judgment to the purchaser of real estate in a quiet title action that involved the taxpayer's home and the taxpayer's failure to pay the property taxes on the property as the property was properly levied upon and no question of fact remained that the sheriff officially seized the property. Further, the affidavits of the civil process coordinator at the time of the tax sale, and the coordinator's successor, were properly admitted into evidence as such affidavits fell within the business records exception to the rule against hearsay. Davis v. Harpagon Co., LLC, 283 Ga. 539, 661 S.E.2d 545 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Suretyship, § 18 et seq.

C.J.S.

- 33 C.J.S., Executions, §§ 101, 102.

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