O.C.G.A. § 9-13-50 (2019)

Annotations

JUDICIAL DECISIONS This section does not apply if tax executions are levied upon the property of the defendant in fieri facias. Boyd v. Wilson, 86 Ga. 379, 12 S.E. 744, rehearing denied, 86 Ga. 385, 13 S.E. 428 (1890); Davis v. Moore, 154 Ga. 152, 113 S.E. 174 (1922); McDaniel v. Thomas, 162 Ga. 592, 133 S.E. 624 (1926); City of Leesburg v. Forrester, 59 Ga. App. 503, 1 S.E.2d 584 (1939). This section is not applicable when the claimant points out property of the defendant to be levied on and sold. City of Leesburg v. Forrester, 59 Ga. App. 503, 1 S.E.2d 584 (1939). It is not essential to validity of levy that defendant point out property to be levied upon. L.R. Sams Co. v. Hardy, 218 Ga. 147, 126 S.E.2d 661 (1962). When plaintiff may point out property. - If the defendant does not point out property to be levied on, as the defendant may do under this section, the plaintiff may designate the property and this will serve as an indemnity to the sheriff. Benson & Coleman v. Dyer, 69 Ga. 190 (1882). Necessity of title to property pointed out. - That the sheriff failed to levy on land pointed out by the defendant, to which the defendant did not have title, furnished no ground for an affidavit of

illegality. Thompson v. Mitchell, 73 Ga. 127 (1884). No illegality results when surety was not notified nor given opportunity to point out property either in the surety’s possession or in the possession of one of the principals in the judgment. Mulling v. Bank of Cobbtown, 36 Ga. App. 55, 135 S.E. 222 (1926). Noncompliance with section does not invalidate levy. - This section gives the levying officer discretion as to the value of the property levied on. It is to be sufficient to satisfy the execution. But if the officer violates the officer’s duty, either by making an excessive levy or by refusing to levy on the property pointed out by the defendant, the officer is liable for such special damages as the defendant may incur thereby; but this will be no valid objection to the process. Benson & Coleman v. Dyer, 69 Ga. 190 (1882); Barfield v. Barfield, 77 Ga. 83 (1886); Hollinshed v. Woodard, 124 Ga. 721, 52 S.E. 815 (1906); Payne v. Daniel, 194 Ga. 549, 22 S.E.2d 47 (1942). Cited in Douglas v. Singer Mfg. Co., 102 Ga. 560, 27 S.E. 664 (1897); Long Realty Co. v. First Nat’l Bank, 177 Ga. 440, 170 S.E. 485 (1933); Shedden v. National Florence Crittenton Mission, 191 Ga. 428, 12 S.E.2d 618 (1940).

RESEARCH REFERENCES Am. Jur. 2d. - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 125. C.J.S. - 33 C.J.S., Executions, § 138 et seq. ALR. - Seat in chamber of commerce, board of trade, or stock exchange as subject of attachment, garnishment, or execution, 14 ALR 284. Right of officer to break into building to levy under execution, 57 ALR 210. Property of incompetent or infant under

guardianship as subject of execution, attachment, or garnishment, 92 ALR 919. Money or other property taken from prisoner as subject of attachment, garnishment, or seizure under execution, 154 ALR 758. Interest of vendee under executory contract as subject to execution, judgment lien, or attachment, 1 ALR2d 727. Exemption of motor vehicle from seizure for debt, 37 ALR2d 714.