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Call Now: 904-383-7448In an action of trover or bail trover where the principal amount is $100.00 or less or where the value of the property sought to be recovered is $100.00 or less, the costs in such an action of trover or bail trover in the trial court shall be $5.00 which shall be equally divided to cover the services of the clerk of the court and the sheriff; provided, however, that the sheriff may also collect the additional amount of costs as provided by law for serving subpoenas upon witnesses; and provided, further, that clerks of the superior courts shall be entitled to receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover regardless of the amount involved in such cases of trover or bail trover.
(Ga. L. 1924, p. 85, § 1; Code 1933, § 107-207; Ga. L. 1972, p. 664, § 3.)
Purpose of bail trover is to recover specific property, or for its conversion by the defendant. Harper v. Jeffers, 139 Ga. 756, 78 S.E. 172 (1913).
Bail process is permitted in order that security may be had for the forthcoming of the property, or, in default thereof, that the specific property may be seized. Harper v. Jeffers, 139 Ga. 756, 78 S.E. 172 (1913).
Applicability of O.C.G.A. § 44-12-158. - Action of trover is not applicable to recovering a sum of money which may be due and unpaid. Harper v. Jeffers, 139 Ga. 756, 78 S.E. 172 (1913).
- One of the legal and legitimate purposes of a bail process in trover is to recover the property or its value, or, where the property has been sold by the plaintiff and title retained for security of the debt, recover the balance due on the debt, or where the property is not forthcoming, to arrest the defendant and incarcerate the defendant in jail. Powell v. E. Tris Napier Co., 50 Ga. App. 560, 178 S.E. 761 (1935).
- When a plaintiff brings a bail trover proceeding against a defendant and takes possession of an automobile sold to the defendant under the conditional sale contract, it rescinds the contract of sale between its transferor and the defendant, and the defendant is entitled to have restored to the amount paid on the purchase price of the automobile, less its hire for the time defendant had the use and possession thereof and less any damage to the same or depreciation thereof in value. GMAC v. Coggins, 49 Ga. App. 23, 174 S.E. 260 (1934).
- It is not a malicious abuse of bail process in trover that it was instituted and sued out for a purpose for which it was not lawfully and legitimately intended, where it was not put to such unlawful and unintended use. Powell v. E. Tris Napier Co., 50 Ga. App. 560, 178 S.E. 761 (1935).
No results found for Georgia Code 44-12-158.