Title 9 — Civil Practice

A judgment may not be set aside for any defect in the pleadings or the record that is aided by verdict or amendable as a matter of form. (Orig. Code 1863, § 3509; Code 1868, § 3532; Code 1873, § 3590; Code 1882, § 3590; Civil Code 1895, § 5365; Civil Code 1910, § 5960; Code 1933,…

The judgment of a court having no jurisdiction of the person or the subject matter or which is void for any other cause is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it. (Orig. Code 1863, § 3513; Code 1868, §…

Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion, whenever and wherever it interferes with their rights, either at law or in equity. (Orig. Code 1863, § 3515; Code 1868, § 3538; C…

Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended. (Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, …

In the trial of all civil cases, the judge upon request of the jury shall furnish the jury with written instructions as to the form of their verdict. (Orig. Code 1863, § 3480; Code 1868, § 3502; Code 1873, § 3560; Ga. L. 1880-81, p. 115, § 1; Code 1882, § 3560; Civil Code 1895, §…

In all cases of appeal where security has been given, the plaintiff or his attorney may enter judgment against the principal and his surety 60 9-12-21 jointly and severally. (Laws 1826, Cobb’s 1851 Digest, p. 498; Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882…

A person in whose favor a judgment has been entered or a person to whom a judgment has been transferred may bona fide and for a valuable consideration transfer any judgment to a third person. In all such cases the transferee of any judgment shall have the same rights and shall be…

The transfer of a judgment by the attorney of record of the person in whose favor the judgment was entered shall be good to pass the title thereto as against every person except the person in whose favor judgment was entered or his assignee without notice. Ratification by the pla…

The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury. (Code 1981, § 9-12-23, enacted by Ga. L. 1982, p. 1262, § 1.)

Verdicts shall be received only in open court in the absence of agreement of the parties. (Orig. Code 1863, § 3486; Code 1868, § 3509; Code 1873, § 3567; Code 1882, § 3567; Civil Code 1895, § 5336; Civil Code 1910, § 5931; Code 1933, § 110-107.)

Verdicts shall have a reasonable intendment and shall receive a reasonable construction. They shall not be avoided unless from necessity. (Orig. Code 1863, § 3481; Code 1868, § 3503; Code 1873, § 3561; Code 1882, § 3561; Civil Code 1895, § 5332; Civil Code 1910, § 5927; Code 1933…

KR Snellville, LLC, 280 Ga. App. 613, 634 S.E.2d 406 (2006). Dismissal of a complaint for want of prosecution was not an adjudication on the merits; thus, collateral estoppel and res judicata did not bar a subsequent complaint. Valdez v. R. Constr., Inc., 285 Ga. App. 373, 646 S.…

A judgment in rem is conclusive upon everyone. (Orig. Code 1863, § 3750; Code 1868, § 3774; Code 1873, § 3827; Code 1882, § 3827; Civil Code 1895, § 5372; Civil Code 1910, § 5967; Code 1933, § 110-502.)

Instructions on form of verdict. How verdict received. Construction of verdicts. Verdict may be molded. Amendment of verdict — To conform to pleadings. Amendment of verdict — After dispersal of jury. Amendment of verdict — When part illegal. Judgment to conform to verdict. Judgme…

Parol evidence shall be admissible to show that a matter apparently covered by a judgment was not really passed upon by the court. (Orig. Code 1863, § 2839; Code 1868, § 2847; Code 1873, § 2898; Code 1882, § 2898; Civil Code 1895, § 3743; Civil Code 1910, § 4337; Code 1933, § 3-6…

Cloud, 294 Ga. 415, 754 S.E.2d 70 (2014). Sale of railroad property under execution. — While all the property of a railroad company was subject to be applied to payment of its just debts, and may be sold for that purpose under a judgment at law, the judgment and the execution fou…

A verdict may be so amended as to make it conform to the pleadings if the error plainly appears upon the face of the record. (Orig. Code 1863, § 3421; Code 1868, § 3441; Code 1873, § 3491; Code 1882, § 3491; Civil Code 1895, § 5110; Civil Code 1910, § 5694; Code 1933, § 110-110.)

Scire facias to revive a judgment is not an original action but is the continuation of the action in which the judgment was obtained. (Orig. Code 1863, § 3524; Code 1868, § 3547; Code 1873, § 3606; Code 1882, § 3606; Civil Code 1895, § 5380; Civil Code 1910, § 5975; Code 1933, § …

A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall …

When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee. (Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979…

An action to renew a dormant judgment shall be brought in the county where the defendant in judgment resides at the commencement of the action. (Orig. Code 1863, § 3523; Code 1868, § 3546; Code 1873, § 3605; Code 1882, § 3605; Civil Code 1895, § 5379; Civil Code 1910, § 5974; Cod…

Decrees for the payment of money shall become dormant like other judgments when not enforced and may be revived as provided by law for other judgments. (Orig. Code 1863, § 4128; Code 1868, § 4160; Code 1873, § 4219; Code 1882, § 4219; Civil Code 1895, § 4861; Civil Code 1910, § 5…

A verdict may be amended in mere matter of form after the jury has dispersed. However, after a verdict has been received and recorded and the jury has dispersed, it may not be amended in matter of substance either by what the jurors say they intended to find or otherwise. (Orig. …

If a part of a verdict is legal and a part illegal, the court will construe the verdict and order it amended by entering a remittitur as to that part which is illegal and giving judgment for the balance. (Orig. Code 1863, § 3423; Code 1868, § 3443; Code 1873, § 3493; Code 1882, §…

All judgments obtained in the superior courts, magistrate courts, or other courts of this state shall be of equal dignity and shall bind all the property of the defendant in judgment, both real and personal, from the date of such judgments except as otherwise provided in this Cod…

(a) For purposes of this Code section, the term ‘‘applicable records’’ shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets. (b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any …

(a) All judgments signed on verdicts rendered at the same term of court shall be considered, held, and taken to be of equal date. (b) In the case of judgments signed on verdicts rendered at the same term of the court, no execution shall be entitled to any preference by reason of …

In all cases in which a judgment is rendered and an appeal is entered from the judgment, the property of the defendant in judgment shall not be bound by the judgment except so far as to prevent the alienation by the defendant of his property between its signing and the signing of…

A judgment in the trial court which is taken to the Supreme Court or the Court of Appeals and is affirmed loses no lien or priority by the proceeding in the appellate court. (Orig. Code 1863, § 3498; Code 1868, 153 9-12-90 § 3521; Code 1873, § 3579; Code 1882, § 3579; Civil Code …

Judgment and execution shall conform to the verdict. (Orig. Code 1863, § 3482; Code 1868, § 3504; Code 1873, § 3562; Code 1882, § 3562; Civil Code 1895, § 5333; Civil Code 1910, § 5928; Code 1933, § 110-301.)

(a) Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority regardless of the date of the rendition of the verdict or the entering of the judgment. However, this Code section shall apply only to judg…

A judgment creates no lien upon promissory notes in the hands of the defendant. (Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Code 1910, § 5948; Code 1933, § 110-509.)

When any person has bona fide and for a valuable consideration purchased real or personal property and has been in the possession of the real property for four years or of the personal property for two years, such property shall be discharged from the lien of any judgment against…

For entering an execution upon the general execution docket, the clerk shall be entitled to the fees enumerated in Code Section 15-6-77. (Ga. L. 1889, p. 106, § 5; Civil Code 1895, § 2782; Civil Code 1910, § 3324; Code 1933, § 39-705; Ga. L. 1950, p. 107, § 1; Ga. L. 1971, p. 699…

No execution shall issue until judgment is entered and signed by the party in whose favor verdict was rendered or by his attorney, or by the presiding judge or justice. (Laws 1799, Cobb’s 1851 Digest, p. 494; Code 1863, § 3487; Code 1868, § 3510; Code 1873, § 3568; Code 1882, § 3…

Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed ‘‘To all and singular the sheriffs o…

The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as other cases. (Laws 1821, Cobb’s 1851 Digest, pp. 532, 533; Code 1863, § 3660; Code 1868, § 3684; Code 1873, § 3737; C…

Upon the trial of all claims provided for in this article, the burden of proof shall lie upon the plaintiff in execution in all cases where the property levied on is not in possession of the defendant in execution at 244 9-13-102 the time of the levy. (Laws 1821, Cobb’s 1851 Dige…

Whenever a claim of property is made in terms of this article and is returned to the proper court by the sheriff or other levying officer, the claimant shall not be permitted to withdraw or discontinue his claim more than once without the consent of the plaintiff in execution or …

Whenever a claim is dismissed for insufficiency or is withdrawn, the plaintiff in execution may have a case made up and submitted to the jury charging that the claim was filed for the purpose of delay. Upon proof of the same, defendant and claimant having the same power to resist…

Upon the trial of claims to property which may be pending in the court, when damages are found by the jury, the damages shall be assessed upon the whole amount then due upon the execution when the value of the property in dispute exceeds the amount of the execution and upon the v…

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 app…

The officer making a levy shall enter the same on the process by virtue of which levy is made and in the entry shall plainly describe the property levied on and the amount of the interest of defendant therein. (Orig. Code 1863, § 3569; Code 1868, § 3592; Code 1873, § 3640; Code 1…

An affidavit of illegality may be filed by an attorney in fact or by an executor, administrator, or other trustee. (Orig. Code 1863, § 3596; 257 9-13-124 Code 1868, § 3620; Code 1873, § 3670; Code 1882, § 3670; Civil Code 1895, § 4741; Civil Code 1910, § 5310; Code 1933, § 39-100…

No affidavit of illegality shall be received by any sheriff or other executing officer until a levy has been made. (Laws 1838, Cobb’s 1851 Digest, p. 514; Code 1863, § 3592; Code 1868, § 3615; Code 1873, § 3665; Code 1882, § 3665; Civil Code 1895, § 4737; Civil Code 1910, § 5306;…

Affidavits of illegality are, upon motion and leave of court, amendable instanter by the insertion of new and independent grounds, provided that the defendant shall swear that he did not know of such grounds when the original affidavit was filed. (Laws 1850, Cobb’s 1851 Digest, p…

When an execution is levied on personal property and an affidavit of illegality is filed thereto and the party filing the illegality desires to take or keep possession of the property, he shall deliver to the sheriff or other levying officer a bond payable to the levying officer,…

(a) In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail or statutory overnight delivery to the tenant in possession and to the defendant if not in possession. (b) The officer levying on land under an execution, withi…

(a) All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law…

In all cases where the law requires citations, notices, or advertisements by probate court judges, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees, or others to be published in a newspaper for 30 days or for four weeks or once a week for four wee…