Upon the trial of claims to property which may be pending in the court, when damages are found by the jury, the damages shall be assessed upon the whole amount then due upon the execution when the value of the property in dispute exceeds the amount of the execution and upon the value of the property when the value of the property is less than the execution levied.
History. Laws 1821, Cobb’s 1851 Digest, p. 534; Code 1863, § 3664; Code 1868, § 3688; Code 1873, § 3742; Code 1882, § 3742; Civil Code 1895, § 4627; Civil Code 1910, § 5173; Code 1933, § 39-907.
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 Trial of Damage Issue Where Claim Dismissed or Withdrawn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