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2018 Georgia Code 9-13-101 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-101 Case Law from Google Scholar Amendments to OCGA 9-13-101

TITLE 9 CIVIL PRACTICE

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

ARTICLE 5 CLAIMS

9-13-101. Additional oath of jurors; damages and costs when claim made for delay.

Every juror on the trial of the claim of property either real or personal shall be sworn, in addition to the oath usually administered, to give such damages as may seem reasonable and just, in an amount not less than 10 percent of the amount due upon the execution when the value of the property in dispute exceeds the amount of the execution, or of the value of the property when the value of the property is less than the execution levied, to the plaintiff against the claimant in case it shall be shown that the claim was made for delay only. The jury may give a verdict in the manner aforesaid and judgment may be entered thereon against the claimant and his security for the damages so assessed and the costs of the trial.

(Laws 1821, Cobb's 1851 Digest, p. 533; Code 1863, § 3661; Code 1868, § 3685; Code 1873, § 3738; Code 1882, § 3738; Civil Code 1895, § 4623; Civil Code 1910, § 5169; Code 1933, § 39-903.)

JUDICIAL DECISIONS

When the verdict is for the claimant, failure to administer oath is immaterial. Hawes v. Smith, 16 Ga. App. 458, 85 S.E. 616 (1915).

Damages that jury assess may be recovered on bond given under former Civil Code 1910, §§ 5158 and 5161 (see now O.C.G.A. § 9-13-91). Mutual Fertilizer Co. v. White & Son, 26 Ga. App. 134, 106 S.E. 19, cert. denied, 26 Ga. App. 801 (1921).

Jury instructions regarding damages for delay.

- Charge in a claim case that if the jury believed that the claim was interposed for delay only, the jury should award damages to the plaintiff against the claimant, is a correct statement of the law. The charge is not subject to the exception that the charge was incorrect and tended to confuse the jury, to the prejudice of the claimant's case, and that the court in so charging erred in ignoring other phases of the case than that of delay. Nesmith v. Nesmith, 37 Ga. App. 779, 142 S.E. 176 (1928).

Cited in Walker v. Walker, 42 Ga. 141 (1871); Baker v. Boozer, 58 Ga. 195 (1877); Traders Ins. Co. v. Mann, 118 Ga. 381, 45 S.E. 426 (1903); Bankston v. Smith, 134 Ga. App. 882, 216 S.E.2d 634 (1975).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 191 et seq.

C.J.S.

- 50A C.J.S., Juries, § 520 et seq.

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