In actions for the recovery of personal property, if the defendant disclaims all title and tenders the property to the plaintiff when he files his answer, together with reasonable hire for the same since the conversion, the costs of the action shall be paid by the plaintiff unless he proves a previous demand of the defendant and a refusal to deliver.
History. Orig. Code 1863, § 2989; Code 1868, § 3002; Code 1873, § 3057; Code 1882, § 3057; Civil Code 1895, § 3897; Civil Code 1910, § 4494; Code 1933, § 107-104.
Structure Georgia Code
Chapter 12 - Rights in Personalty
§ 44-12-150. Effect of Defendant’s Possession on Necessity of Proof of Conversion
§ 44-12-151. Right of Plaintiff to Elect Form of Verdict
§ 44-12-152. Determination of Value of Property
§ 44-12-153. Tender of Property and Hire; Effect on Costs
§ 44-12-155. Alternative Verdict; Effect as First Lien Pending Payment of Judgment
§ 44-12-156. Effect of Judgment for Damages in Trover; Priority
§ 44-12-157. Effect of Destruction of or Injury to Property on Defendant’s Liability
§ 44-12-158. Fees and Costs When $100.00 or Less Is Involved