Interest on executions.

All executions issued for taxes due the state or any county or municipality of the state, whether issued on assessments for permanent improvements of streets or sewers of a municipality or otherwise, shall bear interest at the rate specified in Code Section 48-2-40 from the time fixed by law for issuing the execution. History. Ga. L. 1889, p. 31, § 1; Ga. L. 1890-91, p. 50, § 1; Civil Code 1895, §§ 731, 887; Civil Code 1910, §§ 878, 1144; Code 1933, § 92-7601; Ga. L. 1975, p. 811, § 1; Code 1933, § 91A-323, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1980, p. 10, § 7; Ga. L. 1982, p. 847, §§ 1, 2. JUDICIAL DECISIONS Interest under this statute is not in the nature of a penalty. Sparks v. Lowndes County, 98 Ga. 284, 25 S.E. 426, 1896 Ga. LEXIS 29 (1896). See also, Georgia R.R. & Banking v. Wright, 124 Ga. 596, 53 S.E. 251, 1906 Ga. LEXIS 565 (1906), rev'd, 207 U.S. 127, 28 S. Ct. 47, 52 L. Ed. 134, 1907 U.S. LEXIS 1209 (1907). Executions bear interest, taxes do not. — Statute, properly construed, does not declare that taxes shall bear interest, but that only an execution for taxes shall bear interest. Georgia R.R. & Banking Co. v. Wright, 125 Ga. 589, 54 S.E. 52, 1906 Ga. LEXIS 229 (1906), rev'd, 207 U.S. 127, 28 S. Ct. 47, 52 L. Ed. 134, 1907 U.S. LEXIS 1209 (1907); McWilliams v. Jacobs, 128 Ga. 375, 57 S.E. 509, 1907 Ga. LEXIS 107 (1907). Statute is applicable to executions issued on assessments by municipal corporations for improvements. Bacon v. Mayor of Savannah, 105 Ga. 62, 31 S.E. 127, 1898 Ga. LEXIS 449 (1898). Statute imposes interest on executions for both taxes and assessments, and does not discriminate between them. Steele v. City of Waycross, 187 Ga. 382, 200 S.E. 704, 1938 Ga. LEXIS 798 (1938). Effect of tender of taxes due before execution issued. — If a taxpayer tenders the amount of taxes due from the taxpayer before an execution is actually issued, no interest on the tax can be lawfully required of the taxpayer. Georgia R.R. & Banking Co. v. Wright, 125 Ga. 589, 54 S.E. 52, 1906 Ga. LEXIS 229 (1906), rev'd, 207 U.S. 127, 28 S. Ct. 47, 52 L. Ed. 134, 1907 U.S. LEXIS 1209 (1907). Effect of injunction sought by taxpayer. — If a taxpayer causes an injunction to issue to prevent the collection of a tax and, under the final decree, liability for the tax is established, the taxpayer is not relieved from interest on the tax execution pending the proceedings in which the taxpayer obtained the injunction. Georgia R.R. & Banking Co. v. Wright, 125 Ga. 589, 54 S.E. 52, 1906 Ga. LEXIS 229 (1906), rev'd, 207 U.S. 127, 28 S. Ct. 47, 52 L. Ed. 134, 1907 U.S. LEXIS 1209 (1907). Taxpayer not excused from interest when the taxpayer acquiesces in injunction obtained by another against taxation. — When a taxpayer is enjoined from returning given property for taxation and from paying taxes on the same, and the tax officer is also enjoined from levying and collecting any taxes upon such property, at the instance of a third party, the taxpayer is not relieved from the payment of interest on the tax execution subsequently issued, when it appears that the taxpayer was a mere complacent defendant, interposing no obstacle to the injunction, in no way seeking to obtain permission of the court to pay any amount as admitted to be due as taxes and, so far as the record discloses, acquiescing in the contention of the plaintiff that no tax is due thereon. Georgia R.R. & Banking Co. v. Wright, 125 Ga. 589, 54 S.E. 52, 1906 Ga. LEXIS 229 (1906), rev'd, 207 U.S. 127, 28 S. Ct. 47, 52 L. Ed. 134, 1907 U.S. LEXIS 1209 (1907). One seeking to enjoin enforcement of execution, on ground that usury has been computed thereon, must first offer to pay an amount admitted or shown to be due, before the court of equity would intervene in one’s behalf. Sharpe v. City of Waycross, 185 Ga. 208, 194 S.E. 522, 1937 Ga. LEXIS 713 (1937). Special law which differed from this statute by imposing interest directly on an assessment when not paid within 30 days was a practical provision for making local improvement that did not permit escape from interest by voluntary payment of principal after delinquency but before issue of execution. Steele v. City of Waycross, 187 Ga. 382, 200 S.E. 704, 1938 Ga. LEXIS 798 (1938). Executions against railroad companies bear interest, even as to taxes accruing while in receivership. Sparks v. Lowndes County, 98 Ga. 284, 25 S.E. 426, 1896 Ga. LEXIS 29 (1896). RESEARCH REFERENCES Am. Jur. 2d. 30 Am. Jur. 2d, Executions, § 72. C.J.S. 85 C.J.S., Taxation, § 1198 et seq. ALR. Forfeiture or sale of land to state or political subdivision for nonpayment of taxes as suspending right to enforce special assessment or improvement lien or running of limitation in that regard, 113 A.L.R. 920.