Whenever a claim of property is made in terms of this article and is returned to the proper court by the sheriff or other levying officer, the claimant shall not be permitted to withdraw or discontinue his claim more than once without the consent of the plaintiff in execution or some person duly authorized to represent the plaintiff; rather, the court shall proceed to the trial of the claim of the property and it shall be the duty of the jury to assess damages accordingly.
(Laws 1821, Cobb's 1851 Digest, p. 533; Code 1863, § 3663; Code 1868, § 3687; Code 1873, § 3740; Code 1882, § 3740; Civil Code 1895, § 4625; Civil Code 1910, § 5171; Code 1933, § 39-905.)
RESEARCH REFERENCES
C.J.S.
- 33 C.J.S., Executions, §§ 132, 133, 341.