O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-13-6 (2019)

Amendment of execution - To conform to amended judgment

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Where a judgment has been amended by order of the court in conformity to the verdict upon which it is predicated and execution has previously issued thereon, the clerk of the court in which the judgment was rendered shall have power to amend the execution at any time so as to make it conform to the amended judgment; and such amendment shall not cause any levy on the execution to fall.

History

(Orig. Code 1863, § 3424; Code 1868, § 3444; Code 1873, § 3494; Code 1882, § 3494; Civil Code 1895, § 5113; Ga. L. 1902, p. 55, § 1; Civil Code 1910, § 5697; Code 1933, § 39-110.)

Annotations

Law reviews. - For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).

JUDICIAL DECISIONS

Judgment amendable after execution issued. - Judgment must conform to the reasonable intendment of the verdict upon which the judgment is based and the judgment may be amended by order of the court in order to conform to the verdict, even after execution has been issued. Frank E. Wood Co. v. Colson, 43 Ga. App. 265, 158 S.E. 533 (1931).

Cited in Neely v. Mobley, 49 Ga. App. 541, 176 S.E. 527 (1934).

RESEARCH REFERENCES

Am. Jur. 2d. - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 108 et seq.

C.J.S. - 33 C.J.S., Executions, §§ 114, 115.