Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 1. GENERAL PROVISIONS

9-13-14. Bonds taken by executing officers valid; rights of plaintiffs not affected.

Active

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

(a)
All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law and recoverable in any court having jurisdiction thereof.#
(b)
No bond taken in conformity with subsection (a) of this Code section shall in any case prejudice or affect the rights of the plaintiff in execution; the bond shall relate to and have effect solely between the officer to whom it is given and the defendant in execution. The officer shall in no case excuse himself for not having made the money on an execution by having taken the bond but shall be liable to be ruled as prescribed by law.#

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

Laws 1829, Cobb’s 1851 Digest, pp. 534, 535; Code 1863, §§ 3599, 3600; Code 1868, §§ 3623, 3624; Code 1873, §§ 3673, 3674; Code 1882, §§ 3673, 3674; Civil Code 1895, §§ 5436, 5437; Civil Code 1910, §§ 6041, 6042; Code 1933, §§ 39-302, 39-303.

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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 197; merge action: carried; file SHA-256 c88496cf9e57.