Georgia § 9-13-104 - Trial of damage issue where claim dismissed or withdrawn.
Full text of Georgia Official Code of Georgia Annotated § 9-13-104 — Trial of damage issue where claim dismissed or withdrawn., with citation guidance and answers to common questions.
§ 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 Trial of damage issue where claim dismissed or withdrawn.
Whenever a claim is dismissed for insufficiency or is withdrawn, the plaintiff in execution may have a case made up and submitted to the jury charging that the claim was filed for the purpose of delay.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damages are claimed, the jury, under instructions from the court, may give damages as in cases where the claim is not withdrawn but is submitted for trial to the jury.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.)
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 9-13-104
What does Official Code of Georgia Annotated § 9-13-104 cover?
Section 9-13-104 ("Trial of damage issue where claim dismissed or withdrawn.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 9-13-104?
A common citation format is "Official Code of Georgia Annotated § 9-13-104" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 9-13-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.