Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, with interest thereon; and, if the property deteriorates in value by reason of being used by the person giving the bond or otherwise and is then delivered to the officer making the seizure, the officer or the plaintiff in execution may recover on the bond the difference between the value at the time of the delivery of the property under the bond and its value when turned over to the officer making the levy, with interest thereon. The amount of damages shall in no case exceed the amount due on the execution levied.
History. Ga. L. 1893, p. 123, § 1; Civil Code 1895, § 5438; Civil Code 1910, § 6043; Code 1933, § 39-304.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
Article 1 - General Provisions
§ 9-13-1. Entry and Signing of Judgment Prerequisite to Execution
§ 9-13-2. Execution Suspended by Appeal
§ 9-13-3. Execution to Follow Judgment
§ 9-13-4. Judge May Frame Executions
§ 9-13-5. Amendment of Execution — to Conform to Judgment or Time of Return
§ 9-13-6. Amendment of Execution — to Conform to Amended Judgment
§ 9-13-7. Amendment of Execution — to Correct Mistake in Issuance; Alias Execution
§ 9-13-8. Issuance of Alias Execution to Replace Lost Original
§ 9-13-9. When Execution Returnable
§ 9-13-10. Issuance of Execution; to Whom Directed; on What Property Levied
§ 9-13-11. Direction, Levy, Service, and Return of Execution When Sheriff a Party
§ 9-13-12. Entry of Levy on Process
§ 9-13-13. Written Notice of Levy on Land
§ 9-13-14. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected