When levy has been made and affidavit and bond delivered to the levying officer, it shall be the duty of the officer to suspend further proceedings on the execution and to return the execution, affidavit, and bond to the next term of the court from which the execution issued. It shall be the duty of the court to make a determination thereon at the first term thereof unless the plaintiff or his attorney desires to controvert the facts contained in the affidavit, in which case an issue shall be joined and tried by a jury at the same term unless good cause is shown for a continuance.
History. Orig. Code 1863, § 3593; Code 1868, § 3616; Code 1873, § 3666; Code 1882, § 3666; Civil Code 1895, § 4738; Civil Code 1910, § 5307; Code 1933, § 39-1006.
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