Execution Following Death of Defendant

Checkout our iOS App for a better way to browser and research.

On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place.

(Orig. Code 1863, § 3370; Code 1868, § 3389; Ga. L. 1873, p. 21, § 1; Code 1873, § 3437; Code 1882, § 3437; Civil Code 1895, § 5034; Civil Code 1910, § 5616; Code 1933, § 3-419.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 57. 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 52.

C.J.S.

- 1 C.J.S., Abatement and Revival, § 151. 33 C.J.S., Executions, § 71 et seq.


Download our app to see the most-to-date content.