In all cases of scire facias to revive a judgment, when service has been perfected, the judgment may be revived on motion at the first term without the intervention of a jury unless the person against whom judgment was entered files an issuable defense under oath, in which case the defendant in judgment shall be entitled to a trial by jury as in other cases.
History. Orig. Code 1863, § 3527; Code 1868, § 3550; Code 1873, § 3609; Code 1882, § 3609; Civil Code 1895, § 5383; Civil Code 1910, § 5978; Code 1933, § 110-1008.
Structure Georgia Code
Chapter 12 - Verdict and Judgment
Article 3 - Dormancy and Revival of Judgments
§ 9-12-60. When Judgment Becomes Dormant; How Dormancy Prevented; Docketing; Applicability
§ 9-12-61. Dormant Judgments Renewed by Action or Scire Facias; Time of Renewal
§ 9-12-62. Nature of Scire Facias
§ 9-12-63. Issuance of Scire Facias; Copies; Service; Return
§ 9-12-64. Revival on Motion After Service of Scire Facias; When Defendant Entitled to Jury Trial
§ 9-12-65. Scire Facias When Judgment Transferred
§ 9-12-66. Venue of Action to Renew Judgment
§ 9-12-67. Revival of Judgment Against Nonresident; Service by Publication