O.C.G.A.

O.C.G.A. § 36-39-22 (2019)

Affidavit contesting amount of execution; trial by superior court; penalties for delay

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received and the affidavit shall be received for the balance. All affidavits, including those filed by railroads or street railways against whom execution is issued for the cost and expense of paving, shall set out in detail the reasons why the affiant claims the amount is not due. When received by the municipal marshal or chief of police, such affidavits shall be returned to the superior court of the county wherein the municipal corporation is located. They shall be tried and the issue shall be determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the laws of this state.

History

Ga. L. 1927, p. 321, § 11; Code 1933, § 69-423.

Annotations

JUDICIAL DECISIONS General rule is that all presumptions are in favor of validity of assessments for local improvements, and while these presumptions are not conclusive, the burden is on the party attacking the validity of an assessment to show that the assessment is invalid. City of La Grange v. Frosolona, 52 Ga. App. 232, 183 S.E. 99 (1935). Burden of proof upon plaintiff. - On the trial of an illegality interposed to

an execution levied on abutting real estate for an unpaid paving assessment, the burden is upon the plaintiff in execution to make out a prima facie case, and this is done by putting in evidence an execution fair on the execution’s face and a legal levy entered thereon. City of La Grange v. Frosolona, 52 Ga. App. 232, 183 S.E. 99 (1935). Cited in City of La Grange v. Pound, 50 Ga. App. 219, 177 S.E. 762 (1934).

RESEARCH REFERENCES Am. Jur. 2d. - 70C Am. Jur. 2d, Special or Local Assessments, § 205 et seq. C.J.S. - 40 C.J.S., Highways, § 474 et seq. 64 C.J.S., Municipal Corporations, §§ 1682, 1699. ALR. - Personal liability of property

owner to pay assessments for local improvements, 127 A.L.R. 551; 167 A.L.R. 1030. Manner of enforcing special assessments against public property, 150 A.L.R. 1394.