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2018 Georgia Code 18-3-34 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

Section 3. Attachment Proceedings, 18-3-1 through 18-3-75.

ARTICLE 2 LEVY AND REPLEVY OF PROPERTY GENERALLY

18-3-34. 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.

(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.)

JUDICIAL DECISIONS

Cited in Turner's Chapel A.M.E. Church v. Lord Lumber Co., 121 Ga. 376, 49 S.E. 272 (1904); Parramore v. Alexander, 132 Ga. 642, 64 S.E. 660 (1909).

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.

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