Whenever a claim is dismissed for insufficiency or is withdrawn, the plaintiff in execution may have a case made up and submitted to the jury charging that the claim was filed for the purpose of delay. Upon proof of the same, defendant and claimant having the same power to resist the case as in claim cases where damages are claimed, the jury, under instructions from the court, may give damages as in cases where the claim is not withdrawn but is submitted for trial to the jury. The cases so submitted shall be tried at the time of the disposal of the claim if the parties are ready, but continuances shall be granted as in other cases.
History. Ga. L. 1871-72, p. 52, § 1; Code 1873, § 3741; Code 1882, § 3741; Civil Code 1895, § 4626; Civil Code 1910, § 5172; Code 1933, § 39-906.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-90. Claims Authorized; to Be on Oath
§ 9-13-91. Bond and Security for Damages; How Damages Determined
§ 9-13-92. Affidavit of Indigence
§ 9-13-93. Postponement of Sale
§ 9-13-95. Execution of Affidavit and Bond by Partner or Joint Owner
§ 9-13-96. When Plaintiff in Execution May Give Forthcoming Bond
§ 9-13-97. Sale of Property on Claimants’ Application; Order; Advertisement; Disposition of Proceeds
§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned
§ 9-13-99. Return of Claim or Illegality Against Execution From Probate Court
§ 9-13-100. Claim to Be Tried by Jury
§ 9-13-101. Additional Oath of Jurors; Damages and Costs When Claim Made for Delay
§ 9-13-103. Withdrawal or Discontinuance of Claim Limited
§ 9-13-104. Trial of Damage Issue Where Claim Dismissed or Withdrawn
§ 9-13-105. How Damages Assessed
§ 9-13-106. Withdrawal of Original Execution and Filing of Copy