Revival on Motion After Service of Scire Facias; When Defendant Entitled to Jury Trial

1. Law
2. Georgia Code
3. Civil Practice
4. Verdict and Judgment
5. Dormancy and Revival of Judgments
6. Revival on Motion After Service of Scire Facias; When Defendant Entitled to Jury Trial

In all cases of scire facias to revive a judgment, when service has been perfected, the judgment may be revived on motion at the first term without the intervention of a jury unless the person against whom judgment was entered files an issuable defense under oath, in which case the defendant in judgment shall be entitled to a trial by jury as in other cases.

(Orig. Code 1863, § 3527; Code 1868, § 3550; Code 1873, § 3609; Code 1882, § 3609; Civil Code 1895, § 5383; Civil Code 1910, § 5978; Code 1933, § 110-1008.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 405 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 867.

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