Wilcher v. Williams
Wilcher v. Williams
Opinion of the Court
1. “When judgments have been obtained against several persons and one or more of them has paid more than his just proportion of the same, he or they may, by having such payment entered on .the fi. fa. issued to enforce said judgment, have full power to control and use said fi. fa. as securities in fi. fa. control the same against principals or cosureties, and shall not be compelled, as heretofore, to sue the codebtors for the excess of payment on such judgment.” Civil Code (1910), § 5971.
2. “A clerk of the superior . . court is not authorized by law to collect money on judgments or executions obtained in, or sued out of, their respective courts, and a payment made to a clerk, on a judgment or, execution, is not good as a payment against the plaintiff.” Bank of Georgetown v. Ault, 31 Ga. 359. Thus, where a general execution issues from a superior court on a judgment rendered against joint defendants, and there are entered on the fi. fa. stated sums as paid by one of the defendants to the plaintiff, followed by an entry, “This fi. fa. paid in
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.