O.C.G.A. § 9-13-100 — Claim to be tried by jury

The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as other cases.

(Laws 1821, Cobb's 1851 Digest, pp. 532, 533; Code 1863, § 3660; Code 1868, § 3684; Code 1873, § 3737; Code 1882, § 3737; Civil Code 1895, § 4622; Civil Code 1910, § 5168; Code 1933, § 39-902.)

JUDICIAL DECISIONS

Proper disposition of claim is by verdict of jury, unless withdrawn or dismissed by the claimant. Hodges v. Holiday, 29 Ga. 696 (1859).

Evidence considered by jury in determining ownership at time of levy.

- Purchasing of property, and the exercising of dominion over the property in the way of possession and use prior to the rendition of the judgment is admissible, at least as a circumstance, and the jury may consider this along with all the other evidence in the case in determining who was the owner of the property at the time of the levy. Webb v. Biggers, 71 Ga. App. 90, 30 S.E.2d 59 (1944).

Cited in McNeil v. Harker, 40 Ga. 26 (1869); Ladson v. Gaskins, 30 Ga. App. 676, 118 S.E. 765 (1923); Callaway v. Life Ins. Co., 166 Ga. 818, 144 S.E. 381 (1928); Burt v. Crawford, 180 Ga. 331, 179 S.E. 82 (1935); Jones v. Major, 80 Ga. App. 223, 55 S.E.2d 846 (1949).

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TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 5 CLAIMS

9-13-100. Claim to be tried by jury.

JUDICIAL DECISIONS

Evidence considered by jury in determining ownership at time of levy.

RESEARCH REFERENCES

C.J.S.