Title 9 — Civil Practice

v. Augusta-Richmond County, No. 06-16053, 2007 U.S. App. LEXIS 21638 (11th Cir. Sept. 6, 2007) (Unpublished). Newspapers to which section applicable. — This section applies alike to newspapers published in county and those nearest county having largest or general circulation ther…

(a) The rates to be allowed to publishers for publishing legal advertisements shall be as follows: (1) For each 100 words, not more than the sum of $10.00 for each insertion for the first four insertions; and 276 9-13-143 (2) For each subsequent insertion, not more than the sum o…

(a) If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section 9-13-143 in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this st…

Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, wit…

Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any s…

(a) For the purposes of this Code section, the term ‘‘public sale’’ means any sale, the notice of which must by law in any manner be given to the public. (b) All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time …

Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other of…

Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections 9-13-163 and 9-13-164. (Ga. L. 1873, p. 48, § 1; Code 1882, § 3648…

Purchasers at judicial sales need not tender cash but, as an alternative, may tender a cashier’s or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corpor…

The purchaser at a judicial sale shall not be bound to look to the appropriation of the proceeds of the sale nor to the returns made by the officer, nor shall he be required to see that the officer has complied fully with all regulations prescribed in such cases. All such irregul…

No note or memorandum in writing shall be necessary to charge any person at a judicial sale. (Laws 1831, Cobb’s 1851 Digest, p. 514; Code 1863, § 2577; Code 1868, § 2579; Code 1873, § 2621; Code 1882, § 2621; Civil Code 1895, § 5448; Civil Code 1910, § 6053; Code 1933, § 39-1306.…

(a) Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply w…

Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale. (Civil Code 1895, § 5472; Civil Code 1910, § 6077…

Courts shall have full power over their officers making execution sales. Whenever the court is satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the court shall set aside the sale. (Civil Code 1895, § 5427; Civi…

A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued. (Orig. Code 1863, § 2575; Code 1868, § 2577; Code 1873, § 2619; Cod…

If a sheriff fails to make titles to a purchaser, his successor in office may make them in the same manner as if he had sold the property. (Laws 1799, Cobb’s 1851 Digest, p. 576; Code 1863, § 2583; Code 1868, § 2585; Code 1873, § 2627; Code 1882, § 2627; Civil Code 1895, § 5453; …

The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds. (Orig. Code 1863, § 2578; Code 1868, § 2581; Code 1873, 301 9-13-178 § 2623; Code 1882, § 2623; Civil Code 1895, § 5450; Civil Code 191…

In all controversies in the courts of this state, the purchaser at a judicial sale shall not be required to show title deeds prior to his purchase unless it is necessary for his case to show good title in the person whose interest he purchased. (Orig. Code 1863, § 2576; Code 1868…

If execution is issued before the expiration of the time allowed for entering an appeal, the execution will be suspended on the entering of an appeal by either party. (Orig. Code 1863, § 3556; Code 1868, § 3579; Code 1873, § 3634; Code 1882, § 3634; Civil Code 1895, § 5415; Civil…

Every execution shall follow the judgment upon which it issued and shall describe the parties thereto as described in the judgment. (Orig. Code 1863, § 3558; Code 1868, § 3581; Code 1873, § 3636; Code 1882, § 3636; Civil Code 1895, § 5417; Civil Code 1910, § 6022; Code 1933, § 39…

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 acco…

In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied. (Orig…

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 C…

Executions issued in favor of or against partners, where the partnership style is used therein instead of the individual names of the persons composing the firm, shall be valid. (Orig. Code 1863, § 3495; Code 1868, § 3518; Code 1873, § 3576; Code 1882, § 3576; Civil Code 1895, § …

Any plaintiff in judgment or transferee may in good faith and for a valuable consideration transfer any execution to a third person. In all cases the transferee of any execution shall have the same rights and shall be subject to the same equities and the same defenses as was the …

The transfer of an execution by the attorney of record shall be good to pass the title thereto as against every person except the plaintiff in execution or his assignee without notice. Ratification by the plaintiff shall estop him also from denying the transfer. Receipt of the mo…

Execution suspended by appeal. Execution to follow judgment. Judge may frame executions. Amendment of execution — To conform to judgment or time of return. Amendment of execution — To conform to amended judgment. Amendment of execution — To correct mistake in issuance; alias exec…

The judge of any superior court may frame and cause to be issued by the clerk thereof any writ of execution to carry into effect any lawful judgment or decree rendered in his court. (Orig. Code 1863, § 3561; Code 1868, § 3584; Code 1873, § 3639; Code 1882, § 3639; Civil Code 1895…

A sheriff or other levying officer shall not sell land outside the county in which he is sheriff or such officer except when the defendant in execution owns a tract or tracts of land divided by the line of the county of his residence, in which case the land may be sold in the cou…

No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In …

No sheriff or other officer shall levy on any growing crop of corn, wheat, oats, rye, rice, cotton, potatoes, or any other crop usually raised or cultivated by planters or farmers nor sell the same until the crop has 208 9-13-54 matured and is fit to be gathered. However, this Co…

To authorize a sale of personal property there shall be an actual or constructive seizure. (Orig. Code 1863, § 2581; Code 1868, § 2583; Code 1873, § 2625; Code 1882, § 2625; Civil Code 1895, § 5452; Civil Code 1910, § 6057; Code 1933, § 39-1310.)

A future interest in personalty may not be seized and sold but the lien of judgments shall attach thereto so as to prevent alienation before the right to present possession accrues. (Orig. Code 1863, § 2581; Code 1868, § 2583; Code 1873, § 2625; Code 1882, § 2625; Civil Code 1895…

Choses in action are not liable to be seized and sold under execution, unless made so specially by statute. (Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Civil Code 1910, § 5948; Code 1933, § 39-113.)

(a) When the clerk of any court has made any mistake in issuing an execution, the clerk or any of his successors in office may correct the mistake by amending the execution and shall note and certify on the execution the fact that the amendment was made by him. (b) Alternatively,…

If the plaintiff in execution, for a valuable consideration, releases property which is subject to execution, the release shall be a satisfaction of the execution to the extent of the value of the property so released insofar as purchasers and creditors are concerned. However, no…

If an execution creditor having the older lien on a fund in the hands of the sheriff or other officer allows the fund by his consent to be applied to a younger writ of execution, it shall be considered an extinguishment pro tanto of the creditor’s lien insofar as third persons ma…

An agreement for a valuable consideration never to enforce a judgment or execution shall release the judgment or execution. (Orig. Code 1863, § 3587; Code 1868, § 3610; Code 1873, § 3660; Code 1882, § 3660; Civil Code 1895, § 5445; Civil Code 1910, § 6050; Code 1933, § 39-604.)

One judgment may be set off against another, on motion, whether in the hands of an original party or an assignee. The balance on the larger is collectable under execution. The rights of an assignee shall not be interfered with if bona fide and for value. (Orig. Code 1863, §§ 2843…

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 th…

The security paying off an execution shall have control thereof. (Laws 1826, Cobb’s 1851 Digest, p. 593; Code 1863, § 3590; Code 1868, § 3613; Code 1873, § 3663; Code 1882, § 3663; Civil Code 1895, § 5441; Civil Code 1910, § 6046; Code 1933, § 39-607.) 227 9-13-78

When judgments have been obtained against several persons and one of them has paid more than his just proportion of the same, he may have full power to control and use the execution as securities in execution control the same against principals or cosureties by having this paymen…

When a payment on an execution is made which does not entirely satisfy the judgment upon which the execution has been issued, the plaintiff in execution or his attorney shall authorize the clerk to enter the amount of the payments upon the execution. (Code 1933, § 39-609, enacted…

(a) When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by…

All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they issued. (Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933…

When any sheriff or other officer shall levy an execution or other process on property claimed by a third person not a party to the execution, the person, his agent, or his attorney may make oath claiming the property. (Laws 1839, Cobb’s 1851 Digest, p. 535; Code 1863, § 3650; Co…

The person claiming the property levied on, or his agent or attorney, shall give bond to the sheriff or other levying officer, with good and sufficient security in a sum not larger than double the amount of the execution levied, made payable to the plaintiff in execution. Where t…

In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows: ‘‘I, A.B., do swear that I do not interpose this claim for delay only; t…

When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered. (Laws 1821, Cobb’s 1851 Digest, p. 532; Code 1863, § 3…

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued.…