Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 6. ILLEGALITY

9-13-128. Damages for delay; procedure following dismissal or withdrawal of illegality.

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

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 Whenever an illegality is dismissed for insufficiency or informality or is withdrawn, plaintiff in execution may proceed as is provided in cases where claims are dismissed or withdrawn.

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. 1859, p. 49, § 1; Code 1863, § 3594; Code 1868, § 3617; Ga. L. 1871-72, p. 52, § 1; Code 1873, § 3667; Code 1882, § 3667; Civil Code 1895, § 4739; Civil Code 1910, § 5308; Code 1933, § 39-1007.

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

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 263; merge action: carried; file SHA-256 c88496cf9e57.

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