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2018 Georgia Code 9-13-103 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-103 Case Law from Google Scholar Amendments to OCGA 9-13-103

TITLE 9 CIVIL PRACTICE

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

ARTICLE 5 CLAIMS

9-13-103. Withdrawal or discontinuance of claim limited.

Whenever a claim of property is made in terms of this article and is returned to the proper court by the sheriff or other levying officer, the claimant shall not be permitted to withdraw or discontinue his claim more than once without the consent of the plaintiff in execution or some person duly authorized to represent the plaintiff; rather, the court shall proceed to the trial of the claim of the property and it shall be the duty of the jury to assess damages accordingly.

(Laws 1821, Cobb's 1851 Digest, p. 533; Code 1863, § 3663; Code 1868, § 3687; Code 1873, § 3740; Code 1882, § 3740; Civil Code 1895, § 4625; Civil Code 1910, § 5171; Code 1933, § 39-905.)

JUDICIAL DECISIONS

Claim may be withdrawn once without consent of plaintiff in execution. Mize v. Ells, 22 Ga. 565 (1857).

Claimant may not more than one time voluntarily dismiss claimant's claim and interpose another. Burt v. Crawford, 180 Ga. 331, 179 S.E. 82 (1935).

Withdrawal of first claim terminates suit. Rucker v. Womack, 55 Ga. 399 (1875).

After return of verdict, it is too late to withdraw claim. Houser v. Brown, 60 Ga. 366 (1878).

If there has been no verdict the claimant may withdraw the claimant's claim, although the case be on appeal. Attaway v. Dyer, 8 Ga. 184 (1850); Renneker & Glover v. McMichael, 33 Ga. 94 (1861).

Withdrawal of second claim not matter of right.

- Claimant who has once withdrawn the claimant's claim, and afterwards interposed a second claim to the same levy, cannot again withdraw the claim as a matter of right. Hart v. Thomas & Co., 61 Ga. 470 (1878); Brady v. Brady, 68 Ga. 831 (1882).

Appeal after withdrawal.

- Claimant who, pending the trial of the claimant's case, before verdict, voluntarily withdraws the claimant's claim upon the court, cannot afterwards appeal any decision of the court made prior to such withdrawal. Macrea v. Nolan, 33 Ga. 205 (1862).

Upon withdrawal or dismissal of claim, forthcoming bond continues in force throughout the whole litigation, whether a second claim is filed or not. Houser v. Williams, 84 Ga. 601, 11 S.E. 129 (1890).

Cited in Council v. Stevens, 19 Ga. App. 250, 91 S.E. 286 (1917); Burt v. Crawford, 180 Ga. 331, 179 S.E. 82 (1935); James Talcott, Inc. v. Swim-A-Rama Pool & Equip. Co., 112 Ga. App. 61, 143 S.E.2d 677 (1965).

RESEARCH REFERENCES

C.J.S.

- 33 C.J.S., Executions, §§ 132, 133, 341.

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