The officer called on by rule nisi, as provided in Code Section 15-13-4, shall fully respond in writing to the rule, which answer shall be under oath taken at the time the answer is filed. If the answer is not denied, the rule shall be discharged or shall be made absolute, depending on whether the court deems the answer sufficient. The movant of the rule may traverse the truth of the answer, in which case an issue shall be made and tried by a jury at the same term unless good cause for continuance is shown, which may be done only once by each party. Upon the trial of such issue the court shall discharge the rule or shall make the rule absolute, depending on whether the verdict of the jury is for or against the officer.
History. Laws 1840, Cobb’s 1851 Digest, p. 579; Code 1863, § 3858; Code 1868, § 3878; Code 1873, § 3954; Code 1882, § 3954; Civil Code 1895, § 4775; Civil Code 1910, § 5347; Code 1933, § 24-210.
Structure Georgia Code
Chapter 13 - Officers of Court Generally
Article 1 - Liability for Official Acts
§ 15-13-1. Officers of Court Liability
§ 15-13-2. Liability of Sheriffs to Damage Action or Contempt
§ 15-13-3. Demand for Money Collected; Interest From Date of Demand; Verified Copy as Evidence
§ 15-13-5. Verified Answer; Jury Trial; Disposition
§ 15-13-6. When Rule Absolute Granted Without Notice
§ 15-13-7. Liability of Magistrates and Constables to Rule Nisi
§ 15-13-8. Retired Officers Subject to Court Order
§ 15-13-9. Deputy Sheriff’s Liability; Effect on Sheriff
§ 15-13-10. Appointment of Special Officer to Execute Rule or Order Against Sheriff or Deputy
§ 15-13-11. Rule Absolute as Lien on Officer’s Property
§ 15-13-12. Date of Lien Against Officer’s Property
§ 15-13-14. Punishment for Improper Return or Failure to Pay Over Money Received