When the period of the hiring does not exceed one year, the thing hired shall not be subject to sale under a judgment against the owner of the thing which was obtained subsequent to the contract of hire; but the thing may be levied on and a bond for its delivery at the expiration of the time for which it is hired may be demanded of the hirer.

(Orig. Code 1863, § 2074; Code 1868, § 2069; Code 1873, § 2095; Code 1882, § 2095; Civil Code 1895, § 2913; Civil Code 1910, § 3486; Code 1933, § 12-211.)

JUDICIAL DECISIONS

"Levied" construed.

- The word "levied" is to be given its technical meaning, that is, an actual seizure of the property by a levying officer under a process. Southern Flour & Grain Co. v. Northern Pac. Ry., 127 Ga. 626, 56 S.E. 742, 119 Am. St. R. 356, 9 Ann. Cas. 437 (1907).

Right of domestic railway company superior to attaching creditor's right.

- The right of a domestic railway company to use a freight car owned by a foreign railway company, for which use the domestic railway pays a stated sum, is superior by virtue of O.C.G.A. § 44-12-70 to the right of an attaching creditor, who, without any other lien seeks to subject the freight car to attachment by service of the summons of garnishment upon the domestic company. Southern Flour & Grain Co. v. Northern Pac. Ry., 127 Ga. 626, 56 S.E. 742, 119 Am. St. R. 356, 9 Ann. Cas. 437 (1907). See also Southern Ry. v. Brown, 131 Ga. 245, 62 S.E. 177 (1908).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bailments, § 223 et seq.

ALR.

- Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402.

Syfert Injury Law Firm

2018 Georgia Code 44-12-70 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.