§ 9-13-121. Affidavit of Illegality — to Show Lack of Service; Not Available to Go Behind Judgment
If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality. History. Orig. Code 1863, § 3597; Code 1868, § 3621; Code 1873, § […]
§ 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; […]
§ 9-13-122. Affidavit of Illegality — Not Available for Excessive Levy Generally
An affidavit of illegality shall not be a remedy for an excessive levy except where authorized by statute. History. Code 1933, § 39-1004. History of Code section. The language of this Code section is derived in part from the decision in Pinkston v. Harrell, 106 Ga. 102 , 31 S.E. 808 (1898).
§ 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 […]
§ 9-13-123. Affidavit of Illegality — by Whom Filed
An affidavit of illegality may be filed by an attorney in fact or by an executor, administrator, or other trustee. History. Orig. Code 1863, § 3596; Code 1868, § 3620; Code 1873, § 3670; Code 1882, § 3670; Civil Code 1895, § 4741; Civil Code 1910, § 5310; Code 1933, § 39-1002.
§ 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; […]
§ 9-13-124. Affidavit of Illegality — When Received
No affidavit of illegality shall be received by any sheriff or other executing officer until a levy has been made. History. Laws 1838, Cobb’s 1851 Digest, p. 514; Code 1863, § 3592; Code 1868, § 3615; Code 1873, § 3665; Code 1882, § 3665; Civil Code 1895, § 4737; Civil Code 1910, § 5306; Code […]
§ 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 […]
§ 9-13-125. Affidavit of Illegality — When and How Amendable
Affidavits of illegality are, upon motion and leave of court, amendable instanter by the insertion of new and independent grounds, provided that the defendant shall swear that he did not know of such grounds when the original affidavit was filed. History. Laws 1850, Cobb’s 1851 Digest, p. 518; Code 1863, § 3430; Code 1868, § […]
§ 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 […]