When judgments have been obtained against several persons and one of them has paid more than his just proportion of the same, he may have full power to control and use the execution as securities in execution control the same against principals or cosureties by having this payment entered on the execution issued to enforce the judgment, and he shall not be compelled to bring an action against the codebtors for the excess of payment on the judgment.
History. Ga. L. 1871-72, p. 54, § 1; Code 1873, § 3599; Code 1882, § 3599; Civil Code 1895, § 5376; Civil Code 1910, § 5971; Code 1933, § 39-608.
Cross references.
Right to contribution among joint trespassers; effect of settlement, § 51-12-32.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
Article 4 - Satisfaction or Discharge of Judgment and Execution
§ 9-13-70. Suspension of Execution for 60 Days Pending Payment; Bond
§ 9-13-71. Sufficient Levy on Personalty Prima-Facie Satisfaction; Effect of Dismissal
§ 9-13-72. Release of Property Subject to Execution
§ 9-13-73. Application of Fund to Younger Lien With Senior Lienholder’s Consent
§ 9-13-74. Release by Agreement
§ 9-13-75. Setoff of Judgments; Collection of Balance
§ 9-13-76. Execution by Defendant After Setoff
§ 9-13-77. Control of Execution After Payment — by Security
§ 9-13-78. Control of Execution After Payment — by Joint Debtor
§ 9-13-79. Partial Payments to Be Entered
§ 9-13-80. Execution to Be Canceled When Satisfied; Private Right of Action; Damages