O.C.G.A.

O.C.G.A. § 15-13-14 (2019)

Punishment for improper return or failure to pay over money received

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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If any sheriff or other officer fails to make a proper return of all writs, executions, and other processes put into his hands or fails to pay over all moneys received on such executions on his being required to do so by the court, he shall be liable for contempt and may be fined, imprisoned, or removed from office in the manner prescribed by the Constitution and laws of this state. (Laws 1799, Cobb’s 1851 Digest, p. 577; Code 1863, § 3861; Code 1868, § 3881; Code 1873, § 3957; Code 1882, § 3957; Civil Code 1895, § 4779; Civil Code 1910, § 5351; Code 1933, § 24-213.)

Annotations

JUDICIAL DECISIONS Cited in Ivester v. Mozeley, 89 Ga. App. 578, 80 S.E.2d 197 (1954).

RESEARCH REFERENCES ALR. - Preventing, obstructing, or delaying service or execution of search warrant as contempt, 39 ALR 1354. What amounts to false return of execution or attachment; justification of alleged false return, 157 ALR 194. Use of affidavits to establish contempt, 79 ALR2d 657.

Oral court order implementing prior written order or decree as independent basis of charge of contempt within contempt proceedings based on violation of written order, 100 ALR3d 889.

ARTICLE 2 FEES JUDICIAL DECISIONS Article inapplicable to court clerk taking excessive fees. - Statutes imposing penalties must be given a strict construction, and, under such a construction, it is obvious that the statutes do not

impose a penalty on the clerk of the municipal court for taking or demanding ‘‘any greater fee than the law allows,’’ or for an overcharge of costs. Caldwell v. Chambers, 61 Ga. App. 156, 6 S.E.2d 120 (1939).

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Raw Props., Inc. v. Lawson Et Al., 783 S.E.2d 161 (Ga. Ct. App. 2016).

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Raw Props., Inc. v. Lawson Et Al., 783 S.E.2d 161 (Ga. Ct. App. 2016). · cites it 2× “” Likewise, OCGA § 15-13-14 provides that “[i]f any sheriff or other officer fails to make a proper return of all writs, executions, and other processes put into his hands .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.