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Call Now: 904-383-7448Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced to confinement for not less than two nor more than four years.
(Laws 1837, Cobb's 1851 Digest, pp. 849, 850; Code 1863, § 4333; Ga. L. 1865-66, p. 233, § 14; Code 1868, § 4369; Code 1873, § 4436; Code 1882, § 4436; Penal Code 1895, § 218; Penal Code 1910, § 215; Code 1933, § 39-9901.)
- Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 A.L.R.3d 598.
- Although O.C.G.A. § 9-13-16 could have possibly been read to apply to tax executions, it was impliedly repealed by the amendments to and the repeal of former O.C.G.A. § 48-3-19, and as a trial court apparently relied on a misinterpretation of the law in that area, a property owner's request for interlocutory injunctive relief against the county tax commissioner's selling or transferring tax executions on the owner's property to third parties required remand for further determination; as former § 48-3-19 was the specific statute, the repeal thereof meant that the general provisions of § 9-13-36 no longer guaranteed the rights therein. E-Lane Pine Hills, LLC v. Ferdinand, 277 Ga. App. 566, 627 S.E.2d 44 (2005).
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 1999-11-01
Citation: 523 S.E.2d 21, 271 Ga. 591, 99 Fulton County D. Rep. 3974, 1999 Ga. LEXIS 912
Snippet: crime (the possession offenses were Counts 5, 6, 9, 13, 16, 19, and 21 of the indictment). The various counts
Court: Supreme Court of Georgia | Date Filed: 1995-12-04
Citation: 464 S.E.2d 192, 266 Ga. 50, 95 Fulton County D. Rep. 3739, 1995 Ga. LEXIS 947, 1995 WL 712653
Snippet: charge of fraudulent levy in violation of OCGA § 9-13-16, the Special Master recommended he receive only
Court: Supreme Court of Georgia | Date Filed: 1971-10-21
Citation: 184 S.E.2d 824, 228 Ga. 231, 1971 Ga. LEXIS 530
Snippet: court correctly found that Houses Nos. 2, 7, 9, 13, 16, 17, 19, 20 and 27 were exempt from taxation.