Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 12. RIGHTS IN PERSONALTY · Article 4. TROVER · Part 1. IN GENERAL

44-12-151. Right of plaintiff to elect form of verdict.

Active

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

In an action to recover personal property, the plaintiff may elect:
(1)
To accept an alternative verdict for the property or for its value;#
(2)
To demand a verdict for the damages alone; or#
(3)
To demand a verdict for the property alone and its hire, if any. It shall be the duty of the court to instruct the jury to render the verdict as the plaintiff elects.#

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.

History

Ga. L. 1860, p. 43, § 1; Code 1863, § 5117; Code 1868, § 3506; Code 1873, § 3564; Code 1882, § 3564; Civil Code 1895, § 5335; Civil Code 1910, § 5930; Code 1933, § 107-105.

Cross references

Right of action for injuries to personalty generally, O.C.G.A. § 51-10-1 et seq.

Law reviews

For article surveying torts law, see 34 Mercer L. Rev. 271 (1982).

Read the official page (the state's PDF, opened at the page this text was read from).

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

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 257; merge action: carried; file SHA-256 02e72213893a.

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