In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied.
§ 9-13-31.Execution against principal and his surety on appeal
Chapter 13. Executions and Judicial Sales · Article 2. Parties in Execution · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-31 lets an execution on an appeal judgment entered jointly and severally against a principal and surety proceed against either or both, at the plaintiff’s option, until the debt is paid.
Full Text of § 9-13-31
Plain-English Summary
When a party appeals and posts security, the judgment on that appeal often runs against both the principal and the surety who backed the appeal. This section says how execution on that joint judgment works.
Where security was given on appeal and judgment has been entered against the principal and surety jointly and severally, execution issues accordingly — and the plaintiff gets to choose how to pursue it. The plaintiff may proceed against either the principal alone, the surety alone, or both together, at the plaintiff’s own option, and may keep pursuing whichever combination the plaintiff prefers until the debt is fully satisfied.
That flexibility mirrors what “jointly and severally” liable ordinarily means: each obligor is on the hook for the whole debt, not just a share of it, so the creditor is not forced to split collection efforts or pursue a particular order. The plaintiff’s freedom to choose continues for as long as any part of the debt remains unpaid.
Frequently Asked Questions
When does this section apply?
In cases of appeal where security has been given and judgment has been entered against the principal and surety jointly and severally.
Who decides whether execution proceeds against the principal, the surety, or both?
The plaintiff, who has the option to proceed against either or both.
Can the plaintiff switch which party execution is pursued against?
The statute lets the plaintiff proceed against either or both at the plaintiff’s option until the debt is satisfied, giving the plaintiff continuing flexibility rather than locking in a single choice.
Does the surety have to be pursued only after the principal fails to pay?
No. Because the judgment is joint and several, the plaintiff is not required to exhaust remedies against the principal before proceeding against the surety.
When does the plaintiff’s right to pursue either party end?
Once the debt is satisfied.
Amendment History
Orig. Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882, § 3571; Civil Code 1895, § 5342; Civil Code 1910, § 5937; Code 1933, § 39-106.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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