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2018 Georgia Code 18-3-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-3-52 Case Law from Google Scholar Amendments to OCGA 18-3-52

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 3 THIRD-PARTY CLAIMS

18-3-52. Trial of claim.

The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned.

(Ga. L. 1855-56, p. 25, § 35; Code 1863, § 3236; Code 1868, § 3247; Code 1873, § 3323; Code 1882, § 3323; Civil Code 1895, § 4570; Civil Code 1910, § 5116; Code 1933, § 8-802.)

JUDICIAL DECISIONS

Issue in third-party claim.

- When levy was made under attachment before judgment, and a claim interposed thereto, the issue was whether property levied on was that of the defendant in attachment or that of the claimant. Cecil & Thrasher v. Gazan, 71 Ga. 631 (1883).

Admissibility of attachment proceedings.

- Attachment proceedings are admissible in a claim proceeding, though judgment therein is defective. Cecil & Thrasher v. Gazan, 71 Ga. 631 (1883).

Trial of intervenor's traverse claim in the same manner as defendant's traverse.

- See Trax, Inc. v. Pentagon Aero-Marine Corp., 162 Ga. App. 276, 290 S.E.2d 196 (1982).

Cited in Curtis v. Wortsman, 26 F. 36 (S.D. Ga. 1885); Foremost Dairies, Inc. v. Kelley, 51 Ga. App. 722, 181 S.E. 204 (1935); Rahal v. Titus, 107 Ga. App. 844, 131 S.E.2d 659 (1963).

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