Official Code of Georgia Annotated

Title 15. COURTS · Chapter 13. OFFICERS OF COURT GENERALLY · Article 1. LIABILITY FOR OFFICIAL ACTS

15-13-13. When officer may pay money over to plaintiff; claims; distribution by court; effect on notified parties.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Where money is in the hands of an officer, he may pay it over to the plaintiff by whose process it was raised, unless other claimants deposit their liens with him. Notice to retain is insufficient unless accompanied by a lien.#
(b)
Money raised by legal process not being subject to levy and sale, the court in making distribution shall proceed upon equitable principles.#
(c)
All parties intervening shall, by appropriate pleading, set forth the ground of their claim to the fund.#
(d)
All persons interested who are notified in writing by the sheriff or movant of the pendency of the rule shall be bound by the judgment of distribution.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Civil Code 1895, § 4776; Civil Code 1910, § 5348; Code 1933, § 24-211.

History of Code section.: This Code section is derived from the decisions in Foster v. Rutherford, 20 Ga. 668 (1856); Estes v. Ivey, 53 Ga. 52 (1874); Columbus Factory v. Herndon, 54 Ga. 210 (1875); and Barrett & Caswell v. Pulliam, 77 Ga. 552 (1886).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch12-24-(v13a)-2015-pdf.pdf, Volume V13A, 2015 edition, page 208; merge action: carried; file SHA-256 3ead04cf60ab.