When the fact of suretyship appears on the face of the contract, the creditor shall sue out process against the surety and enter up judgment against him as such.
History. Laws 1845, Cobb’s 1851 Digest, p. 598; Laws 1850, Cobb’s 1851 Digest, p. 600; Code 1863, § 2137; Code 1868, § 2132; Code 1873, § 2159; Code 1882, § 2159; Civil Code 1895, § 2977; Civil Code 1910, § 3549; Code 1933, § 103-208.
Structure Georgia Code
Article 2 - Relative Rights of Creditor and Surety
§ 10-7-20. Effect of Release of or Compounding With Surety
§ 10-7-21. “Novation” Defined; Effect on Surety’s Liability
§ 10-7-22. Discharge of Surety by Increase of Risk
§ 10-7-24. Refusal to Sue Principal After Notice by Surety as Discharge
§ 10-7-25. Extending Liability
§ 10-7-26. Promise to Pay in Ignorance of Discharge
§ 10-7-27. Provisions of Uniform Commercial Code to Control
§ 10-7-28. Process Sued Out and Judgment Entered Against Surety as Such
§ 10-7-29. Judgment Against Principal and Surety at Same Time
§ 10-7-30. Bad Faith Refusal of Corporate Surety to Perform Suretyship Contract