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2018 Georgia Code 9-13-55 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-55 Case Law from Google Scholar Amendments to OCGA 9-13-55

TITLE 9 CIVIL PRACTICE

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

ARTICLE 3 PROPERTY AGAINST WHICH EXECUTION LEVIED

9-13-55. Seizure prerequisite to sale of personalty.

To authorize a sale of personal property there shall be an actual or constructive seizure.

(Orig. Code 1863, § 2581; Code 1868, § 2583; Code 1873, § 2625; Code 1882, § 2625; Civil Code 1895, § 5452; Civil Code 1910, § 6057; Code 1933, § 39-1310.)

JUDICIAL DECISIONS

Levy on personalty is made by actual or constructive seizure. Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935).

Officer must obtain custody and control of property although an absolute seizure is not necessary. Sheffield v. Key, 14 Ga. 537 (1854); Moore v. Brown, Brad- bury & Catlett Furn. Co., 107 Ga. 139, 32 S.E. 835 (1899).

Officer making a levy must take control of the property. Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935).

Officer must do some act for which the officer could be successfully prosecuted as trespasser, if it were not for the protection afforded the officer by law. Dean v. State, 9 Ga. App. 303, 71 S.E. 597 (1911); In re Brinn, 262 F. 527 (N.D. Ga. 1919).

Officer must so deal with the property that the officer would be a trespasser but for the justification afforded by the officer's writ. Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935).

As to machinery or articles difficult to transport, there need be no carrying away in making a levy. Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935).

Inventory of property or entry on writ sufficient when defendant acquiesces.

- If the officer making a levy goes where the property is and where the officer can control the property and does acts which indicate a levy, such as making an inventory or entering a levy on the writ, and persons representing the defendant in fi. fa. in charge of the property are notified and acquiesce, the levy is sufficient though no manual custody is taken and the goods are not locked up or removed. Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935).

Insufficient seizure.

- Sheriff's entry of levy describing property used for telephone system as switchboards and wires, lines, and instruments was not sufficient seizure. In re Brinn, 262 F. 527 (N.D. Ga. 1919).

Constructive levy on lumber may be made when defendant agrees to hold the property. Myers v. Lee & Co., 22 Ga. App. 20, 95 S.E. 475 (1918).

Levy on large drying machine.

- When marshall, in making levy on drying machine over 60 feet long and weighing 130,000 pounds, pasted a notice of levy on the machine, made an entry on the execution and left a copy of the levy with a company employee and one on the desk of the absent president of the company, who afterward found the notice there, there was a sufficient levy on the machine. Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935).

Cited in Scott, Horton & Co. v. Russell, 72 Ga. 35 (1883); Green v. Coast Line R.R., 97 Ga. 15, 24 S.E. 814 (1895); Keaton v. Farkas, 136 Ga. 188, 70 S.E. 1110 (1911); Ivey v. Gatlin, 194 Ga. 27, 20 S.E.2d 592 (1942).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 385.

C.J.S.

- 33 C.J.S., Executions, § 28 et seq.

ALR.

- Levy upon or garnishment of contents of safety deposit box, 19 A.L.R. 863; 39 A.L.R. 1215.

Leaving property in custody of debtor as abandonment of levy under attachment or execution, 86 A.L.R. 1412.

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