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O.C.G.A. § 9-2-26

Prosecution of action against less than all joint contractors or copartners

Code 1878, § 3350; Code 1882, § 3350; Laws 1820, Cobb’s 1851 Digest, p. 485.; Civil Code 1895, § 5009; Civil Code 1910, Code 1863, § 3263; Code 1868, § 3274; § 5591; Code 1933, …

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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.