2021 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 2 - Parties
§ 9-2-26. Prosecution of Action Against Less Than All Joint Contractors or Copartners
When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the plaintiff may proceed to judgment and execution against the defendants served with process in the same manner as if they were the sole defendants. If any of the defendants die pending the action, his representative may be made a party and the case may proceed to judgment and execution as in other cases against the representatives of deceased persons.
(Laws 1820, Cobb's 1851 Digest, p. 485; Code 1863, § 3263; Code 1868, § 3274; Code 1873, § 3350; Code 1882, § 3350; Civil Code 1895, § 5009; Civil Code 1910, § 5591; Code 1933, § 3-301.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 59 Am. Jur. 2d, Parties, §§ 128 et seq., 149 et seq.
C.J.S.- 67A C.J.S., Parties, §§ 55, 67 et seq., 76, 78, 86 et seq.
ALR.
- Judgment against less than all parties to contract as bar to action against others, 1 A.L.R. 1601.
Actions at law between partners and partnerships, 21 A.L.R. 21.
Release of one of several joint or joint and several contract obligors as affecting liability of other obligors, 53 A.L.R. 1420.
Payment by one of two or more joint and several debtors as suspending or tolling limitation, 71 A.L.R. 375; 74 A.L.R.2d 1287.
Right to judgment, levy, or lien against individual in action under statute permitting persons associated in business under a common name to be sued in that name, 100 A.L.R. 997.
Validity of exception for specific kind of tort action in survival statute, 77 A.L.R.3d 1349.
