---
title: O.C.G.A. § 9-2-26. Prosecution of action against less than all joint contractors or copartners.
collection: code
id: 9-2-26
cite_as: O.C.G.A. § 9-2-26 (2025)
canonical_url: https://georgiacommons.org/code/9-2-26
md_url: https://georgiacommons.org/code/9-2-26.md
text_url: https://georgiacommons.org/code/9-2-26/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-2023-pdf.pdf?sfvrsn=f3cabc45_0#page=77
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: CIVIL PRACTICE / ACTIONS GENERALLY / PARTIES
---

# O.C.G.A. § 9-2-26. Prosecution of action against less than all joint contractors or copartners.

When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the plaintiff may proceed to judgment and execution against the defendants served with process in the same manner as if they were the sole defendants. If any of the defendants die pending the action, his representative may be made a party and the case may proceed to judgment and execution as in other cases against the representatives of deceased persons.

## History

Laws 1820, Cobb’s 1851 Digest, p. 485.; Code 1863, § 3263; Code 1868, § 3274; Code 1873, § 3350; Code 1882, § 3350; Civil Code 1895, § 5009; Civil Code 1910, § 5591; Code 1933, § 3-301.