---
title: O.C.G.A. § 10-7-48. Control of execution and judgment by surety when sued separately.
collection: code
id: 10-7-48
cite_as: O.C.G.A. § 10-7-48 (2025)
canonical_url: https://georgiacommons.org/code/10-7-48
md_url: https://georgiacommons.org/code/10-7-48.md
text_url: https://georgiacommons.org/code/10-7-48/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=1221
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SURETYSHIP / RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS
---

# O.C.G.A. § 10-7-48. Control of execution and judgment by surety when sued separately.

If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and, if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as provided in cases of joint judgments.

## History

Laws 1850, Cobb’s 1851 Digest, p. 600.; Code 1863, § 2146; Code 1868, § 2141; Code 1873, § 2168; Code 1882, § 2168; Civil Code 1895, § 2987; Civil Code 1910, § 3559; Code 1933, § 103-309.

## Cross References

Proving suretyship, §§ 10-7-45 and 10-7-46.