The officer called on by rule nisi, as provided in Code Section 15-13-4, shall fully respond in writing to the rule, which answer shall be under oath taken at the time the answer is filed. If the answer is not denied, the rule shall be discharged or shall be made absolute, depending on whether the court deems the answer sufficient. The movant of the rule may traverse the truth of the answer, in which case an issue shall be made and tried by a jury at the same term unless good cause for continuance is shown, which may be done only once by each party. Upon the trial of such issue the court shall discharge the rule or shall make the rule absolute, depending on whether the verdict of the jury is for or against the officer.
(Laws 1840, Cobb's 1851 Digest, p. 579; Code 1863, § 3858; Code 1868, § 3878; Code 1873, § 3954; Code 1882, § 3954; Civil Code 1895, § 4775; Civil Code 1910, § 5347; Code 1933, § 24-210.)