Liability of Claimant and Surety on Bond for Hire or Use of Property Where Plaintiff's Debt Unsatisfied

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Attachment Proceedings
  5. Third-Party Claims
  6. Liability of Claimant and Surety on Bond for Hire or Use of Property Where Plaintiff's Debt Unsatisfied

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  1. In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use of the property while the same has been in the possession of the claimant and also full damages for any deterioration of the value of the property, by use or otherwise, while the same has been in the possession of the claimant, provided such recovery shall not exceed the amount of the debt that may remain due from the defendant in attachment to the plaintiff.
  2. The remedy provided in this Code section is and shall be extended to all other claims in the cases herein provided for.

(Ga. L. 1855-56, p. 25, § 38; Code 1863, § 3239; Code 1868, § 3250; Ga. L. 1873, p. 42, § 1; Code 1873, § 3326; Code 1882, § 3326; Civil Code 1895, § 4573; Civil Code 1910, § 5119; Code 1933, § 8-805.)

RESEARCH REFERENCES

ALR.

- Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.

Liability of garnishee to garnishing creditor for depreciation in value of property pending contest, 32 A.L.R. 572.

Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin for delivery or redelivery of chattels, 57 A.L.R. 806.

Liability of surety on replevin bond as affected by amendment of pleadings in replevin, 90 A.L.R. 541.

Replevin bond or redelivery bond in replevin as covering damages for detention between judgment against principal and delivery or redelivery of property, 90 A.L.R. 972.

Right of one joint owner of personal property to maintain against third person replevin, detinue, trover, or other action to recover possession or damages, 110 A.L.R. 353.


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