A surety or endorser is entitled to the process of attachment against his principal before payment of the debt under the same circumstances as any other creditor.
History. Orig. Code 1863, § 2138; Code 1868, § 2133; Code 1873, § 2160; Code 1882, § 2160; Civil Code 1895, § 2979; Civil Code 1910, § 3551; Code 1933, § 103-301.
Structure Georgia Code
Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons
§ 10-7-40. Attachment Against Principal
§ 10-7-41. Action for Money Paid, Interest, and Costs — Right of Surety or Endorser
§ 10-7-42. Action for Money Paid, Interest, and Costs — Effect of Judgment Against Surety
§ 10-7-43. Action for Money Paid, Interest, and Costs — Recovery of Usury Paid by Surety
§ 10-7-44. Foreclosure of Mortgage or Enforcement of Security Given by Principal
§ 10-7-45. Proof of Suretyship — by Parol
§ 10-7-46. Proof of Suretyship — After Judgment
§ 10-7-47. Control of Execution and Judgment by Surety — Subrogation to Plaintiff’s Rights
§ 10-7-48. Control of Execution and Judgment by Surety — When Sued Separately
§ 10-7-49. Payment Pending Action; Judgment for Plaintiff for Use of Surety
§ 10-7-51. Compelling Contribution — Interest on Sum Recovered as Contribution
§ 10-7-53. Compelling Contribution — Controlling Action on Debt and Judgments Therein
§ 10-7-54. Endorser’s Right to Control Judgment on Debt and Execution Thereon
§ 10-7-55. Protection of Bona Fide Purchasers When Surety Controls Judgment
§ 10-7-56. Subrogation to Rights of Creditor — Priority of Claim
§ 10-7-57. Subrogation to Rights of Creditor — as to Securities Held by Creditor