Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 3. APPEALS TO SUPERIOR OR STATE COURT · Article 2. PROCEDURE

5-3-24. Exemption of executors, administrators, and trustees from paying costs and giving bond.

Active

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

Executors, administrators, and other trustees, when defending an action as such or defending solely the title of the estate, may enter an appeal without paying costs and giving bond and security as required by Code Section 5-3-22; but, if a judgment should be obtained against such executor, administrator, or other trustee and not the assets of the estate, he must pay costs and give security as in other cases.

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 1799, Cobb’s 1851 Digest, p. 495; Code 1863, § 3542; Code 1868, § 3565; Code 1873, § 3622; Code 1882, § 3622; Civil Code 1895, § 4464; Civil Code 1910, § 5009; Code 1933, § 6-113.

Editor's notes

The operation of this Code section is confined to appeals from courts other than the probate courts. See Hobbs v. Cody, 45 Ga. 478 (1872); Goodwyn v. Veal, 50 Ga. App. 657, 179 S.E. 126 (1935), and Wever v. Wever, 183 Ga. 453, 188 S.E. 706 (1936).

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

Text read from t4-6-(v4)-2013-pdf.pdf, Volume V4, 2013 edition, page 197; merge action: carried; file SHA-256 290d3a1d6843.