Amendment of Execution - to Correct Mistake in Issuance; Alias Execution

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Executions and Judicial Sales
  5. General Provisions
  6. Amendment of Execution - to Correct Mistake in Issuance; Alias Execution

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

  1. When the clerk of any court has made any mistake in issuing an execution, the clerk or any of his successors in office may correct the mistake by amending the execution and shall note and certify on the execution the fact that the amendment was made by him.
  2. Alternatively, the clerk may issue an alias execution to be signed and dated by him at the time it is issued instead of the execution in which the mistake was made. The clerk shall note the fact of the issuing of the alias on the original, which original shall remain on file in his office, and shall likewise make a memorandum thereof on the execution docket; he shall also transcribe upon the alias all the entries and credits from the original. No order of court shall be necessary in the cases contemplated by this Code section.

(Ga. L. 1869, p. 137, § 1; Code 1873, § 3496; Code 1882, § 3496; Civil Code 1895, § 5115; Civil Code 1910, § 5699; Code 1933, § 39-111.)

Law reviews.

- For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).

JUDICIAL DECISIONS

When execution has been quashed because the execution was not conforming to the judgment, the clerk may issue another which does conform to the judgment. Westbrook v. Hays, 89 Ga. 101, 14 S.E. 879 (1892). See also Smith v. Bell, 107 Ga. 800, 33 S.E. 684, 73 Am. St. R. 151 (1899).

Cited in Cooper v. Huff, 55 Ga. 119 (1875); Georgia Sec. Co. v. Sanders, 74 Ga. App. 295, 39 S.E.2d 570 (1946).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 108 et seq.

C.J.S.

- 33 C.J.S., Executions, §§ 114, 115.


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