9-2-27. Action against representative of joint obligor.
198 words·~1 min read·
/ga/title-9-civil-practice/article-2-parties/9-2-27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Where any person is in possession, in his own right or in any other capacity, of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons whose names are so signed dies before the payment of the money or the compliance with the conditions of such bond or obligation in writing, the person holding the bill, bond, note, or other obligation in writing shall not be compelled to bring an action against the survivors alone, but may at his discretion bring an action against
(1)the survivor or survivors,
(2)the representative or representatives of the deceased person or persons, or
(3)the survivor or survivors and the representative or representatives of the deceased person or persons in the same action. However, nothing contained in this Code section shall authorize the bringing of an action against the representative of any estate until six months after the probate of the will or the granting of letters of administration on the estate or estates. This Code section shall be so construed as to embrace debts against copartners as well as debts against joint or joint and several contractors.