When an execution against the property of any person issues illegally, or is proceeding illegally, and the execution is levied on such property, the person may make oath in writing, stating the cause of the illegality, and deliver the same to the sheriff or other executing officer together with bond and good security for the […]
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, § […]
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).
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.
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 […]
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, § […]
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 […]
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 […]
Upon the trial of an issue formed on an affidavit of illegality, the jury trying the case shall have power to assess such damages as may seem reasonable and just, not exceeding 25 percent of the principal debt, where it is made to appear that the illegality was interposed for delay only. Whenever an illegality […]
When an execution has been levied on property and an affidavit of illegality has been filed to stay proceedings thereon, the property so levied on shall be subject to levy and sale under other executions. The officer making the first levy shall claim, receive, hold, and retain the amount of the proceeds of the sale […]
