Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Attachment Proceedings
  5. General Provisions
  6. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal

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  1. In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1, such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other cases of attachment, and the money raised by the attachment shall be paid to the person holding the instrument of writing.
  2. If the surety or endorser has paid the debt, then the money raised upon the attachment or so much thereof as will pay the amount the surety or endorser has paid shall be paid to the surety or endorser.
  3. In case the debt is not due at the time judgment is rendered against the principal, execution shall be stayed until the debt is due.

(Laws 1820, Cobb's 1851 Digest, p. 75; Laws 1842, Cobb's 1851 Digest, p. 88; Ga. L. 1855-56, p. 25, § 27; Code 1863, § 3200; Code 1868, § 3211; Code 1873, § 3279; Code 1882, § 3279; Civil Code 1895, § 4525; Civil Code 1910, § 5070; Code 1933, § 8-107.)

Cross references.

- Suretyship generally, T. 10, C. 7.

JUDICIAL DECISIONS

Cited in Patne v. Oliver, 96 Ga. App. 644, 101 S.E.2d 154 (1957).

RESEARCH REFERENCES

2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, § 452.

ALR.

- What sort of claim, obligation, or liability is within contemplation of statute providing for attachment, or giving right of action for indemnity, before a debt or liability is due, 58 A.L.R.2d 1451.

Funds in hands of his attorney as subject of attachment or garnishment by client's creditor, 35 A.L.R.3d 1094.


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