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2018 Georgia Code 4-3-6 | Car Wreck Lawyer

TITLE 4 ANIMALS

Section 3. Livestock Running at Large or Straying, 4-3-1 through 4-3-12.

4-3-6. Redemption of livestock prior to sale.

The owner of any impounded livestock shall have the right at any time before sale thereof to redeem the livestock by paying to the sheriff all impounding expenses, including fees, keeping charges, and advertising or other costs incurred, which sum shall be deposited by the sheriff with the clerk of the superior court who shall pay all fees and costs as allowed in Code Section 4-3-10. In the event there is a dispute as to the amount of such costs and expenses, the owner may provide bond, with sufficient sureties to be approved by the sheriff, in an amount to be determined by the sheriff, but not exceeding the fair cash value of such livestock, conditioned to pay such costs and damages. Within ten days thereafter the owner shall institute an action to have the dispute adjudicated by the court or referred to a jury if requested by either party to the action.

(Ga. L. 1953, Jan.-Feb. Sess., p. 380, § 11.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 62-603 are included in the annotations for this Code section.

Recovery by possessory warrant.

- When a mule owned by two persons, which by an agreement between the owners is in the possession of one of them, escapes and trespasses upon the land of the other person, the latter person acquires lawful possession of the mule by impounding the mule for a trespass and the other person cannot recover the mule by possessory warrant. Weatherby v. Gentry, 50 Ga. App. 618, 179 S.E. 170 (1935) (decided under former Code 1933, § 62-603).

Trover action.

- If the jury finds that impounding of bull yearling was legal, and that the defendant had not held the animal beyond a reasonable time before instituting the required proceedings, the plaintiff could not prevail in a trover suit because there would have been no conversion at the time of the filing of the trover action. Hall v. Browning, 71 Ga. App. 194, 30 S.E.2d 345 (1944) (decided under former Code 1933, § 62-603).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 37 et seq.

C.J.S.

- 3B C.J.S., Animals, §§ 259 et seq., 309 et seq.

Cases Citing Georgia Code 4-3-6 From Courtlistener.com

Total Results: 1

Beard v. White

Court: Supreme Court of Georgia | Date Filed: 1904-08-12

Citation: 120 Ga. 1018, 48 S.E. 400, 1904 Ga. LEXIS 783

Snippet: defendant’s answer. Hudson v. Hudson, 119 Ga. 637 (3, 4). 3-6. The parties claimed under a common grantor. The