reglab/housing_qa huggingface dataset:
GA Code § 9-13-95 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-95. Execution of Affidavit and Bond by Partner or Joint Owner

 One of several partners or persons jointly interested may make the affidavit and execute the bond in the name of the firm or persons jointly interested, who shall be bound thereby as though each individual had signed it himself.   (Laws 1838, Cobb's 1851 Digest, p. 589; Code 1863, § 3656; Code 1868, § 3681; Code 1873, § 3731; Code 1882, § 3731; Civil Code 1895, § 4617; Civil Code 1910, § 5163; Code 1933, § 39-806.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 12 Am. Jur. 2d, Bonds, §§ 12, 13.   C.J.S.   - 33 C.J.S., Executions, § 336.
GA Code § 9-13-96 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-96. When Plaintiff in Execution May Give Forthcoming Bond

 If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver the property to the plaintiff. However, in no event shall the plaintiff be allowed any compensation for keeping the property.   (Ga. L. 1870, p. 411, § 2; Code 1873, § 3734; Code 1882, § 3734; Civil Code 1895, § 4619; Civil Code 1910, § 5165; Code 1933, § 39-808.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 209 et seq.   C.J.S.   - 33 C.J.S., Executions, § 336.
GA Code § 9-13-97 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-97. Sale of Property on Claimants' Application; Order; Advertisement; Disposition of Proceeds

 In the event the claimant is unable, and the plaintiff neglects or refuses, to give bond for the forthcoming of the property, the claimant may apply to the judge of the probate court and procure an order for the sale of the same; and, when the order has been granted, it shall be the duty of the levying officer to advertise the time and place of sale at not less than three public places, to be selected in different parts of the county in which the sale is to take place, for 15 days immediately preceding the time of sale. On the day of sale, between the hours of 10:00 A.M. and 4:00 P.M., the property shall be sold; and the money arising from the sale shall remain in the hands of the levying officer subject to the order of court upon the final hearing of the claim.   (Ga. L. 1870, p. 411, § 3; Code 1873, § 3735; Code 1882, § 3735; Civil Code 1895, § 4620; Civil Code 1910, § 5166; Code 1933, § 39-809.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, § 345 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.
GA Code § 9-13-98 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned

 When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies.   (Laws 1821, Cobb's 1851 Digest, p. 532; Code 1863, § 3658; Code 1868, § 3683; Code 1873, § 3736; Code 1882, § 3736; Civil Code 1895, § 4621; Civil Code 1910, § 5167; Code 1933, § 39-901.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.   C.J.S.   - 33 C.J.S., Executions, § 510 et seq.
GA Code § 9-13-99 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-99. Return of Claim or Illegality Against Execution From Probate Court

 Whenever an execution issued from a probate court is levied upon personal property and a claim to the property or an affidavit of illegality is interposed, it shall be the duty of the sheriff or other levying officer to return the same, together with the execution and all the other papers, to the next term of the superior court of the county from which the execution was issued. If the levy has been made upon realty, the execution, with the claim or illegality papers, shall be returned by the levying officer to the next term of the superior court of the county where the land lies and the issue shall be tried as is provided for the trial of claim and illegality cases.   (Ga. L. 1876, p. 100, § 1; Code 1882, § 3742a; Civil Code 1895, § 4628; Civil Code 1910, § 5174; Code 1933, § 39-908.)   Law reviews.   - For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.   C.J.S.   - 33 C.J.S., Executions, § 288 et seq.
GA Code § 9-13-100 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-100. Claim to Be Tried by Jury

 The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as other cases.   (Laws 1821, Cobb's 1851 Digest, pp. 532, 533; Code 1863, § 3660; Code 1868, § 3684; Code 1873, § 3737; Code 1882, § 3737; Civil Code 1895, § 4622; Civil Code 1910, § 5168; Code 1933, § 39-902.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, § 330.
GA Code § 9-13-101 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-101. Additional Oath of Jurors; Damages and Costs When Claim Made for Delay

 Every juror on the trial of the claim of property either real or personal shall be sworn, in addition to the oath usually administered, to give such damages as may seem reasonable and just, in an amount not less than 10 percent of the amount due upon the execution when the value of the property in dispute exceeds the amount of the execution, or of the value of the property when the value of the property is less than the execution levied, to the plaintiff against the claimant in case it shall be shown that the claim was made for delay only. The jury may give a verdict in the manner aforesaid and judgment may be entered thereon against the claimant and his security for the damages so assessed and the costs of the trial.   (Laws 1821, Cobb's 1851 Digest, p. 533; Code 1863, § 3661; Code 1868, § 3685; Code 1873, § 3738; Code 1882, § 3738; Civil Code 1895, § 4623; Civil Code 1910, § 5169; Code 1933, § 39-903.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 47 Am. Jur. 2d, Jury, § 191 et seq.   C.J.S.   - 50A C.J.S., Juries, § 520 et seq.
GA Code § 9-13-102 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-102. Burden of Proof

 Upon the trial of all claims provided for in this article, the burden of proof shall lie upon the plaintiff in execution in all cases where the property levied on is not in possession of the defendant in execution at the time of the levy.   (Laws 1821, Cobb's 1851 Digest, p. 533; Code 1863, § 3662; Code 1868, § 3686; Code 1873, § 3739; Code 1882, § 3739; Civil Code 1895, § 4624; Civil Code 1910, § 5170; Code 1933, § 39-904.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, § 236.
GA Code § 9-13-103 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-103. Withdrawal or Discontinuance of Claim Limited

 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.
GA Code § 9-13-104 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-104. Trial of Damage Issue Where Claim Dismissed or Withdrawn

 Whenever a claim is dismissed for insufficiency or is withdrawn, the plaintiff in execution may have a case made up and submitted to the jury charging that the claim was filed for the purpose of delay. Upon proof of the same, defendant and claimant having the same power to resist the case as in claim cases where damages are claimed, the jury, under instructions from the court, may give damages as in cases where the claim is not withdrawn but is submitted for trial to the jury. The cases so submitted shall be tried at the time of the disposal of the claim if the parties are ready, but continuances shall be granted as in other cases.   (Ga. L. 1871-72, p. 52, § 1; Code 1873, § 3741; Code 1882, § 3741; Civil Code 1895, § 4626; Civil Code 1910, § 5172; Code 1933, § 39-906.)   RESEARCH REFERENCES   C.J.S.   - 25A C.J.S., Damages, § 393.
GA Code § 9-13-105 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-105. How Damages Assessed

 Upon the trial of claims to property which may be pending in the court, when damages are found by the jury, the damages shall be assessed upon the whole amount then due upon the execution when the value of the property in dispute exceeds the amount of the execution and upon the value of the property when the value of the property is less than the execution levied.   (Laws 1821, Cobb's 1851 Digest, p. 534; Code 1863, § 3664; Code 1868, § 3688; Code 1873, § 3742; Code 1882, § 3742; Civil Code 1895, § 4627; Civil Code 1910, § 5173; Code 1933, § 39-907.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 22 Am. Jur. 2d, Damages, § 473 et seq.   C.J.S.   - 25 C.J.S., Damages, § 118 et seq.
GA Code § 9-13-106 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 5 - Claims|§ 9-13-106. Withdrawal of Original Execution and Filing of Copy

 The plaintiff in execution in all claim cases shall have the right to withdraw the original execution from the files of the court by making application therefor, in person or by attorney, to the clerk of the court if there is a clerk or to the court if there is no clerk. Upon application being made, the clerk or court shall make a true copy of the execution with all the entries thereon and shall certify the same to be true, which certified copy shall be filed with the claim papers in lieu of the original execution; and an entry of the filing shall be made thereon.   (Ga. L. 1887, p. 62, § 1; Civil Code 1895, § 4629; Civil Code 1910, § 5175; Code 1933, § 39-909.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 70, 90.   C.J.S.   - 33 C.J.S., Executions, §§ 15, 16.
GA Code § 9-13-121 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-121. Affidavit of Illegality - to Show Lack of Service; Not Available to Go Behind Judgment

 If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.   (Orig. Code 1863, § 3597; Code 1868, § 3621; Code 1873, § 3671; Code 1882, § 3671; Civil Code 1895, § 4742; Civil Code 1910, § 5311; Code 1933, § 39-1009.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.   C.J.S.   - 33 C.J.S., Executions, § 288 et seq.   ALR.   - Estoppel of or waiver by parties or participants regarding irregularities or defects in execution or judicial sale, 2 A.L.R.2d 6.
GA Code § 9-13-122 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-122. Affidavit of Illegality - Not Available for Excessive Levy Generally

 An affidavit of illegality shall not be a remedy for an excessive levy except where authorized by statute.   (Code 1933, § 39-1004.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 127, 128, 269.   C.J.S.   - 33 C.J.S., Executions, § 288 et seq.
GA Code § 9-13-123 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-123. Affidavit of Illegality - by Whom Filed

 An affidavit of illegality may be filed by an attorney in fact or by an executor, administrator, or other trustee.   (Orig. Code 1863, § 3596; Code 1868, § 3620; Code 1873, § 3670; Code 1882, § 3670; Civil Code 1895, § 4741; Civil Code 1910, § 5310; Code 1933, § 39-1002.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.   C.J.S.   - 33 C.J.S., Executions, § 288 et seq.
GA Code § 9-13-124 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-124. Affidavit of Illegality - When Received

 No affidavit of illegality shall be received by any sheriff or other executing officer until a levy has been made.   (Laws 1838, Cobb's 1851 Digest, p. 514; Code 1863, § 3592; Code 1868, § 3615; Code 1873, § 3665; Code 1882, § 3665; Civil Code 1895, § 4737; Civil Code 1910, § 5306; Code 1933, § 39-1003.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.   C.J.S.   - 33 C.J.S., Executions, § 291 et seq.
GA Code § 9-13-125 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-125. Affidavit of Illegality - When and How Amendable

 Affidavits of illegality are, upon motion and leave of court, amendable instanter by the insertion of new and independent grounds, provided that the defendant shall swear that he did not know of such grounds when the original affidavit was filed.   (Laws 1850, Cobb's 1851 Digest, p. 518; Code 1863, § 3430; Code 1868, § 3450; Code 1873, § 3501; Code 1882, § 3501; Civil Code 1895, § 5120; Civil Code 1910, § 5704; Code 1933, § 39-1005.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.   C.J.S.   - 33 C.J.S., Executions, § 291 et seq.
GA Code § 9-13-127 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-127. Suspension of Execution; Return of Execution, Affidavit, and Bond; Determination by Court; Issue Tried by Jury

 When levy has been made and affidavit and bond delivered to the levying officer, it shall be the duty of the officer to suspend further proceedings on the execution and to return the execution, affidavit, and bond to the next term of the court from which the execution issued. It shall be the duty of the court to make a determination thereon at the first term thereof unless the plaintiff or his attorney desires to controvert the facts contained in the affidavit, in which case an issue shall be joined and tried by a jury at the same term unless good cause is shown for a continuance.   (Orig. Code 1863, § 3593; Code 1868, § 3616; Code 1873, § 3666; Code 1882, § 3666; Civil Code 1895, § 4738; Civil Code 1910, § 5307; Code 1933, § 39-1006.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 269 et seq., 301 et seq.   C.J.S.   - 33 C.J.S., Executions, § 288 et seq.
GA Code § 9-13-128 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality

 Upon the trial of an issue formed on an affidavit of illegality, the jury trying the case shall have power to assess such damages as may seem reasonable and just, not exceeding 25 percent of the principal debt, where it is made to appear that the illegality was interposed for delay only. Whenever an illegality is dismissed for insufficiency or informality or is withdrawn, plaintiff in execution may proceed as is provided in cases where claims are dismissed or withdrawn.   (Ga. L. 1859, p. 49, § 1; Code 1863, § 3594; Code 1868, § 3617; Ga. L. 1871-72, p. 52, § 1; Code 1873, § 3667; Code 1882, § 3667; Civil Code 1895, § 4739; Civil Code 1910, § 5308; Code 1933, § 39-1007.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, § 288 et seq.
GA Code § 9-13-129 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 6 - Illegality|§ 9-13-129. Property Subject to Other Executions; Retention of Sale Proceeds to Satisfy First Execution; Release of Bond Pro Tanto

 When an execution has been levied on property and an affidavit of illegality has been filed to stay proceedings thereon, the property so levied on shall be subject to levy and sale under other executions. The officer making the first levy shall claim, receive, hold, and retain the amount of the proceeds of the sale as the court deems sufficient to pay the execution first levied, including interest up to the time of the court at which the illegality shall be determined. Any bond given by the defendant on filing the affidavit shall be released and discharged so far as relates to the property sold.   (Laws 1845, Cobb's 1851 Digest, p. 516; Code 1863, § 3595; Code 1868, § 3619; Code 1873, § 3669; Code 1882, § 3669; Civil Code 1895, § 4740; Civil Code 1910, § 5309; Code 1933, § 39-1008.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, § 10.
GA Code § 9-14-2 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 14 - Habeas Corpus|Article 1 - General Provisions|§ 9-14-2. Habeas Corpus on Account of Detention of Spouse or Child

 In all writs of habeas corpus sought on account of the detention of a spouse or child, the court on hearing all the facts may exercise its discretion as to whom the custody of the spouse or child shall be given and shall have the power to give the custody of a child to a third person.   (Laws 1845, Cobb's 1851 Digest, p. 335; Code 1863, § 3925; Code 1868, § 3948; Code 1873, § 4024; Code 1882, § 4024; Civil Code 1895, § 2453; Penal Code 1895, § 1226; Civil Code 1910, § 2972; Penal Code 1910, § 1307; Code 1933, § 50-121; Ga. L. 1976, p. 1050, § 2.)   Cross references.   - Child custody, generally, T. 19, C. 9, A. 1.   Child Custody Intrastate Jurisdiction Act, T. 19, C. 9, A. 2.   Uniform Child Custody Jurisdiction Act, T. 19, C. 9, A. 3.    Prohibition against use of complaint in nature of habeas corpus to seek change of child custody, § 19-9-23.   Law reviews.   - For article, "Custody Disputes and the Proposed Model Act," see 2 Ga. L. Rev. 162 (1968). For article criticizing parental rights doctrine and advocating best interests of child doctrine in parent-third party custody disputes, see 27 Emory L.J. 209 (1978). For article surveying legislative and judicial developments in Georgia's divorce, alimony, and child custody laws for 1978-79, see 31 Mercer L. Rev. 75 (1979). For comment on "Grandparents' Visitation Rights in Georgia," see 29 Emory L.J. 1083 (1980).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Discretion of Court   Third Persons   Procedural Matters   Specific Application    RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 72, 74, 75, 143, 160.   13 Am. Jur. Pleading and Practice Forms, Habeas Corpus, § 238.   C.J.S.   - 39 C.J.S., Habeas Corpus, §§ 217, 222 et seq. 39A C.J.S., Habeas Corpus, §§ 427, 428.   ALR.    - Pending suit for annulment, divorce, or separation as affecting remedy by habeas corpus for custody of child, 82 A.L.R. 1146.    Jurisdiction of court in divorce suit to award custody of child as affected by orders in, or pendency of, proceedings in habeas corpus for custody of child, 110 A.L.R. 745.   Child custody provisions of divorce or separation decree as subject to modification on habeas corpus, 4 A.L.R.3d 1277.   Court's power in habeas corpus proceedings relating to custody of child to adjudicate questions as to child's support, 17 A.L.R.3d 764.   Right of putative father to visitation with child born out of wedlock, 58 A.L.R.5th 669.
GA Code § 9-14-3 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 14 - Habeas Corpus|Article 1 - General Provisions|§ 9-14-3. Petition for Writ - Contents

 The application for the writ of habeas corpus shall be by petition in writing, signed by the applicant, his attorney or agent, or some other person in his behalf, and shall state:    The name or description of the person whose liberty is restrained;   The person restraining, the mode of restraint, and the place of detention as nearly as practicable;   The cause or pretense of the restraint. If the restraint is under the pretext of legal process, a copy of the process must be annexed to the petition if this is within the power of the applicant;   A distinct averment of the alleged illegality in the restraint or of any other reason why the writ of habeas corpus is sought; and   A prayer for the writ of habeas corpus.    (Orig. Code 1863, § 3910; Code 1868, § 3934; Code 1873, § 4010; Code 1882, § 4010; Penal Code 1895, § 1211; Penal Code 1910, § 1292; Code 1933, § 50-102.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 144 et seq.   13 Am. Jur. Pleading and Practice Forms, Habeas Corpus, § 18.   C.J.S.   - 39A C.J.S., Habeas Corpus, § 288 et seq. 55 C.J.S., Marriage, §§ 12, 13.   ALR.    - Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.   Judgment favorable to convicted criminal defendant in subsequent civil action arising out of same offense as ground for reversal of conviction, 96 A.L.R.3d 1174.