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O.C.G.A. § 9-13-32 — Execution following death of defendant | Georgia Code

O.C.G.A. § 9-13-32 (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 2 PARTIES IN EXECUTION

9-13-32. Execution following death of defendant.

On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place.

(Orig. Code 1863, § 3370; Code 1868, § 3389; Ga. L. 1873, p. 21, § 1; Code 1873, § 3437; Code 1882, § 3437; Civil Code 1895, § 5034; Civil Code 1910, § 5616; Code 1933, § 3-419.)

JUDICIAL DECISIONS

This section changed common-law rule. Smith v. Lockett, 73 Ga. 104 (1884); Mims v. McKenzie, 22 Ga. App. 571, 96 S.E. 441 (1918).

Death of defendant after issuance of execution will not prevent sale of property. Brooks v. Rooney, 11 Ga. 423 (1852); Hudgins v. McLain, 116 Ga. 273, 42 S.E. 489 (1902).

Death of defendant will not prevent officer from making entry of levy to prevent dormancy. Hatcher v. Lord, 115 Ga. 619, 41 S.E. 1007 (1902).

Cited in Pursley v. Manley, 166 Ga. 809, 144 S.E. 242 (1928).

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 57. 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 52.

C.J.S.

- 1 C.J.S., Abatement and Revival, § 151. 33 C.J.S., Executions, § 71 et seq.

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This Georgia Code resource is curated by Graham Syfert, 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.