§ 9-13-105. How Damages Assessed
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 […]
§ 9-13-106. Withdrawal of Original Execution and Filing of Copy
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 […]
§ 9-13-93. Postponement of Sale
When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered. History. Laws 1821, Cobb’s 1851 Digest, p. 532; Code 1863, § 3652; Code 1868, § 3677; […]
§ 9-13-94. Forthcoming Bond for Possession of Property; Amount and Condition; Not Authorized for Realty; When and Where Recoverable
In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value […]
§ 9-13-95. Execution of Affidavit and Bond by Partner or Joint Owner
One of several partners or persons jointly interested may make the affidavit and execute the bond in the name of the firm or persons jointly interested, who shall be bound thereby as though each individual had signed it himself. History. Laws 1838, Cobb’s 1851 Digest, p. 589; Code 1863, § 3656; Code 1868, § 3681; […]
§ 9-13-96. When Plaintiff in Execution May Give Forthcoming Bond
If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver […]
§ 9-13-97. Sale of Property on Claimants’ Application; Order; Advertisement; Disposition of Proceeds
In the event the claimant is unable, and the plaintiff neglects or refuses, to give bond for the forthcoming of the property, the claimant may apply to the judge of the probate court and procure an order for the sale of the same; and, when the order has been granted, it shall be the duty […]
§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned
When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution […]
§ 9-13-99. Return of Claim or Illegality Against Execution From Probate Court
Whenever an execution issued from a probate court is levied upon personal property and a claim to the property or an affidavit of illegality is interposed, it shall be the duty of the sheriff or other levying officer to return the same, together with the execution and all the other papers, to the next term […]
§ 9-13-100. Claim to Be Tried by Jury
The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as other cases. History. Laws 1821, Cobb’s 1851 Digest, pp. 532, 533; Code 1863, § 3660; Code 1868, § 3684; Code 1873, § 3737; […]