2021 Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales
Article 1 - General Provisions
§ 9-13-1. Entry and Signing of Judgment Prerequisite to Execution
No execution shall issue until judgment is entered and signed by the party in whose favor verdict was rendered or by his attorney, or by the presiding judge or justice.
(Laws 1799, Cobb's 1851 Digest, p. 494; Code 1863, § 3487; Code 1868, § 3510; Code 1873, § 3568; Code 1882, § 3568; Civil Code 1895, § 5339; Civil Code 1910, § 5934; Code 1933, § 39-102.)
Law reviews.- For note discussing constitutional issues affecting executions, and procedure for issuance and amendment of writ of execution, see 12 Ga. L. Rev. 814 (1978).
JUDICIAL DECISIONS
Judgment must be entered on verdict before lawful execution can issue. Tanner v. Wilson, 184 Ga. 628, 192 S.E. 425 (1937).
It is essential that judgment be entered on a verdict within the time required and that an execution duly and properly issued and recorded, for a verdict in a money case, in itself, is not a lien upon any property of the defendant against whom a judgment is returned. Tanner v. Wilson, 184 Ga. 628, 192 S.E. 425 (1937).
Execution not void when signature omitted.
- Though it is grossly irregular to issue execution upon a judgment entered up but not signed, neither the judgment nor the execution is to be held void. Pollard v. King, 62 Ga. 103 (1878).
Judgment may be voidable.
- While a judgment may be amendable at a subsequent term and thus perfect the verdict, when it will not prejudice the rights of intermediate parties, ordinarily a judgment entered after the time provided by law is voidable, and during the intervening time the verdict is lifeless as to intermediate parties. Tanner v. Wilson, 184 Ga. 628, 192 S.E. 425 (1937).
Judgment is amendable by court to supply proper signature nunc pro tunc. Pollard v. King, 62 Ga. 103 (1878).
Execution should be issued in name of party though the party may die before the execution is issued. Mims v. McKenzie, 22 Ga. App. 571, 96 S.E. 441 (1918).
Death of party does not revoke power of the party's attorney to sign and enter judgment; it is a power conferred by law, and not by the client. Skidaway Shell-Road Co. v. Brooks, 77 Ga. 136 (1886).
Clerk may not issue execution of own volition.
- Clerk of the superior court may issue execution at any time after a verdict is rendered and judgment entered thereon by this section; but there is no statutory provision imposing upon such a clerk the duty of issuing executions without express direction from the party or the party's counsel. Broyles v. Young, 19 Ga. App. 294, 91 S.E. 437 (1917).
Failure of clerk to properly issue and docket executions.
- Clerk of court is liable for failing or refusing to properly issue and docket executions after expressed direction by the party or the party's attorney. Broyles v. Young, 19 Ga. App. 294, 91 S.E. 437 (1917).
Cited in Dodd & Co. v. Glover, 102 Ga. 82, 29 S.E. 158 (1897).
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 5, 6, 54 et seq.
C.J.S.- 33 C.J.S., Executions, § 22.
ALR.- Mere rendition, or formal entry or docketing, of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162.
