If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and, if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as provided in cases of joint judgments.
History. Laws 1850, Cobb’s 1851 Digest, p. 600; Code 1863, § 2146; Code 1868, § 2141; Code 1873, § 2168; Code 1882, § 2168; Civil Code 1895, § 2987; Civil Code 1910, § 3559; Code 1933, § 103-309.
Cross references.
Proving suretyship, §§ 10-7-45 and 10-7-46 .
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