The plaintiff in execution in all claim cases shall have the right to withdraw the original execution from the files of the court by making application therefor, in person or by attorney, to the clerk of the court if there is a clerk or to the court if there is no clerk. Upon application being made, the clerk or court shall make a true copy of the execution with all the entries thereon and shall certify the same to be true, which certified copy shall be filed with the claim papers in lieu of the original execution; and an entry of the filing shall be made thereon.
History. Ga. L. 1887, p. 62, § 1; Civil Code 1895, § 4629; Civil Code 1910, § 5175; Code 1933, § 39-909.
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 Trial of Damage Issue Where Claim Dismissed or Withdrawn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