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2018 Georgia Code 9-13-76 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-76 Case Law from Google Scholar Amendments to OCGA 9-13-76

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION

9-13-76. Execution by defendant after setoff.

In all cases of mutual debts and setoffs where the jury finds a balance for the defendant, the defendant may enter judgment for the amount and take out execution in the manner as plaintiffs may do by this Code, provided that the defendant at the time of filing his answer files therewith a true copy or copies of the subject matter of such setoffs.

(Laws 1799, Cobb's 1851 Digest, p. 487; Code 1863, § 3398; Code 1868, § 3417; Code 1873, § 3469; Code 1882, § 3469; Civil Code 1895, § 5088; Civil Code 1910, § 5672; Code 1933, § 39-606.)

JUDICIAL DECISIONS

Jury may find balance for defendant when defendant's damages proven larger.

- If the damages sustained by the defendant are proven larger than those shown to have been sustained by the plaintiff, the jury is authorized to find such balance for the defendant. Seagraves v. Nunnelly, 99 Ga. App. 420, 108 S.E.2d 737 (1959).

Requisites to sustaining action on judgment.

- To sustain an action on a judgment, the plaintiff must show the defendant to have become bound by a personal judgment for the unconditional payment of a definite sum of money. Lyons Mfg. Co. v. Wembley Indus., Inc., 253 Ga. 39, 315 S.E.2d 906 (1984).

Cited in Davis v. Crane Co., 62 Ga. App. 334, 7 S.E.2d 783 (1940).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 279.

ALR.

- Husband's right to set off wife's debt against alimony or child support payments, 100 A.L.R.2d 925.

Spouse's right to set off debt owed by other spouse against accrued spousal or child support payments, 11 A.L.R.5th 259.

Cases Citing Georgia Code 9-13-76 From Courtlistener.com

Total Results: 1

Lyons Manufacturing Co. v. Wembley Industries, Inc.

Court: Supreme Court of Georgia | Date Filed: 1984-05-31

Citation: 253 Ga. 39, 315 S.E.2d 906, 1984 Ga. LEXIS 798

Snippet: (Emphasis supplied.) See also OCGA §§ 9-13-75, 9-13-76; 46 AmJur2d 1011, Judgments, § 868. We hold this