When an execution is levied on personal property and an affidavit of illegality is filed thereto and the party filing the illegality desires to take or keep possession of the property, he shall deliver to the sheriff or other levying officer a bond payable to the levying officer, with good security in a sum equal to double the value of the property so levied upon, to be judged of by the levying officer, conditioned for the delivery of the property levied upon at the time and place of sale in the event that the illegality is dismissed by the court or withdrawn, which bond shall be recoverable in any court having cognizance thereof.
History. Orig. Code 1863, § 3598; Code 1868, § 3622; Code 1873, § 3672; Code 1882, § 3672; Civil Code 1895, § 5435; Civil Code 1910, § 6040; Code 1933, § 39-301.
Law reviews.
For note discussing legal and equitable relief from execution available to debtors, see 12 Ga. L. Rev. 814 (1978).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-120. Affidavit of Illegality — When Authorized; Bond and Security
§ 9-13-121. Affidavit of Illegality — to Show Lack of Service; Not Available to Go Behind Judgment
§ 9-13-122. Affidavit of Illegality — Not Available for Excessive Levy Generally
§ 9-13-123. Affidavit of Illegality — by Whom Filed
§ 9-13-124. Affidavit of Illegality — When Received
§ 9-13-125. Affidavit of Illegality — When and How Amendable
§ 9-13-126. Amount and Condition of Forthcoming Bond
§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality