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Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 7. SURETYSHIP · Article 3. RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS

10-7-47. Control of execution and judgment by surety; subrogation to plaintiff’s rights.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Any surety on the original contract, or on stay of execution, or on appeal, or in any other way, or the representative of a deceased surety, who shall have paid off or discharged the judgment or execution in whole or in part and shall have the fact of such payment by him entered on such execution by the plaintiff or his attorney or the collecting officer, shall have the control of such execution and the judgment upon which it is founded, to the same extent as if he were the original plaintiff therein, and be subrogated to all the rights of such plaintiff, for the purpose of reimbursing himself from his principal.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1810, Cobb’s 1851 Digest, p. 592.; Laws 1826, Cobb’s 1851 Digest, p. 594.; Laws 1831, Cobb’s 1851 Digest, p. 595.; Laws 1845, Cobb’s 1851 Digest, p. 598.; Code 1863, § 2145; Code 1868, § 2140; Code 1873, § 2167; Code 1882, § 2167; Civil Code 1895, § 2986; Civil Code 1910, § 3558; Code 1933, § 103-308.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, page 1218; merge action: carried; file SHA-256 7afbade16da7.