The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received and the affidavit shall be received for the balance. All affidavits, including those filed by railroads or street railways against whom execution is issued for the cost and expense of paving, shall set out in detail the reasons why the affiant claims the amount is not due. When received by the municipal marshal or chief of police, such affidavits shall be returned to the superior court of the county wherein the municipal corporation is located. They shall be tried and the issue shall be determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the laws of this state.
History. Ga. L. 1927, p. 321, § 11; Code 1933, § 69-423.
Structure Georgia Code
Chapter 39 - Street Improvements
§ 36-39-2. Adoption of Chapter; Election; Effect of Adoption of Chapter Generally
§ 36-39-5. Improvements When County Owns Abutting Property
§ 36-39-6. Paving by Railroad Having Tracks in Street
§ 36-39-10. Publication and Contents of Notice of Contract Proposals
§ 36-39-11. Examination of Bids and Award of Contract; Readvertisement for Bids
§ 36-39-12. Appointment of Board of Appraisers to Appraise and Apportion Cost
§ 36-39-13. Filing of Board of Appraisers’ Report
§ 36-39-15. Time and Manner of Payment of Assessments Generally
§ 36-39-16. Payment of Assessment in Installments
§ 36-39-17. Assessments Where Portion of Costs Paid by Municipal Corporation
§ 36-39-18. Additional Assessments
§ 36-39-20. Lien for Assessment and Interest
§ 36-39-21. Execution, Levy, and Sale on Unpaid Assessments or Interest Generally
§ 36-39-22. Affidavit Contesting Amount of Execution; Trial by Superior Court; Penalties for Delay
§ 36-39-23. Collection and Use of Assessments Generally; Special Fund; Treasurer’s Bond
§ 36-39-24. Limitation Period for Contesting or Enjoining Assessments
§ 36-39-25. Issuance of Bonds; Payment; Interest; Terms; Form
§ 36-39-26. Sale of Bonds; Delivery to Contractors
§ 36-39-27. Disposition of Proceeds From Bonds Remaining After Payment
§ 36-39-28. Petition for Validation of Ordinance Establishing Assessments; Time; Contents
§ 36-39-29. Order to Show Cause on Petition; Time and Notice of Hearing
§ 36-39-30. Conduct of Hearing; Issuance of Order by Court
§ 36-39-31. Appeal From Judgment of Court
§ 36-39-32. Conclusiveness of Superior Court’s Final Judgment
§ 36-39-33. Entry of Reference to Judgment on Bonds Following Validation; Use of Entry as Evidence