O.C.G.A. § 18-3-34 (2019)
Replevy of property of foreign corporation upon payment of bond; return of bond by levying officer; right of plaintiff to entry of judgment on bond
When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with good security, conditioned to pay the amount of judgment and costs that the plaintiff in attachment may recover in the case. The officer taking the bond shall return the bond with the attachment to the court to which the attachment is made returnable; and the plaintiff shall be entitled to entry of judgment against the corporation and its sureties upon the bond for the amount of the judgment and costs entered against the corporation in the case.
History
Ga. L. 1855-56, p. 25, § 33; Code 1863, § 3233; Code 1868, § 3244; Code 1873,
§ 3320; Code 1882, § 3320; Civil Code 1895, § 4568; Civil Code 1910, § 5114; Code 1933, § 8-702.
Annotations
RESEARCH REFERENCES ALR. Recovery for depreciation of property
between the date it was replevied and final judgment, 24 A.L.R. 1189.
Duty to give bond and procure return of property in order to mitigate damages from its wrongful seizure under legal process, 33 A.L.R. 1479. Premium for redelivery bond as item of damages for wrongful attachment, 42 A.L.R. 1057.
Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in repleving for delivery or redelivery of chattels, 57 A.L.R. 806.
ARTICLE 3 THIRD-PARTY CLAIMS Law reviews. For note discussing procedures by which one not an original party to an
attachment may interpose a claim to the attached property, see 12 Ga. L. Rev. 814 (1978).
RESEARCH REFERENCES ALR. Right upon ground of duress to recover back money paid upon an excessive or unfounded claim to avoid an attachment, 18 A.L.R. 1233. Liability on bond in replevin as affected by superior title or lien of third person, or seizure thereunder, 36 A.L.R. 1102. Obligation of surety on attachment bond as affected by attachment defendant’s adjudication in bankruptcy, 68 A.L.R. 1331.
General denial by answer in action for conversion or replevin as permitting proof of special title, lien, or right of possession, 104 A.L.R. 1154. Failure or refusal to surrender possession or disclose whereabouts of property in replevin as contempt, 130 A.L.R. 632. Allowance, in replevin action, of loss of profits from deprivation of use of detained property, 48 A.L.R.2d 1053.