Section 18-3-33. Replevy of property by defendant generally upon payment of bond; amount of bond; return of property by officer taking bond; right of plaintiff to entry of judgment upon bond

   (a) When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating himself to pay the plaintiff the amount of the judgment and costs that he may recover in the case.

(b) Where the value of the property levied upon, as appraised by the levying officer, is equal to or exceeds the claim of the plaintiff, the bond shall be fixed in an amount equal to the amount claimed to be due. Where the value of the property levied upon, as appraised by the levying officer, is less than the claim of the plaintiff, the bond shall be fixed in an amount equal to twice the value of the property levied upon.

(c) The officer taking the bond shall return the bond with the attachment to the court to which the attachment is returnable, and the plaintiff shall be entitled to entry of judgment against the defendant and his sureties upon the bond for the amount of the judgment and costs entered against the defendant in the case.

Laws 1799, Cobb's 1851 Digest, p. 71; Laws 1816, Cobb's 1851 Digest, p. 74; Ga. L. 1855-56, p. 25, § 11; Code 1863, § 3232; Code 1868, § 3243; Ga. L. 1872, p. 8, § 1; Code 1873, § 3319; Code 1882, § 3319; Civil Code 1895, § 4567; Civil Code 1910, § 5113; Code 1933, § 8-701.