Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Executions and Judicial Sales
  5. General Provisions
  6. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected

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  1. All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law and recoverable in any court having jurisdiction thereof.
  2. No bond taken in conformity with subsection (a) of this Code section shall in any case prejudice or affect the rights of the plaintiff in execution; the bond shall relate to and have effect solely between the officer to whom it is given and the defendant in execution. The officer shall in no case excuse himself for not having made the money on an execution by having taken the bond but shall be liable to be ruled as prescribed by law.

(Laws 1829, Cobb's 1851 Digest, pp. 534, 535; Code 1863, §§ 3599, 3600; Code 1868, §§ 3623, 3624; Code 1873, §§ 3673, 3674; Code 1882, §§ 3673, 3674; Civil Code 1895, §§ 5436, 5437; Civil Code 1910, §§ 6041, 6042; Code 1933, §§ 39-302, 39-303.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 67 et seq.

C.J.S.

- 33 C.J.S., Executions, § 192 et seq.

ALR.

- Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402.

Right of sheriff or constable to demand indemnity bond as a condition of executing process or seizure of property, absent claim by third person, 95 A.L.R. 943.


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