Duties of clerk with respect to deposits are purely ministerial.

- Clerk's actual possession of the money, arising from the money's receipt from the party paying the money in, is not in the clerk's own right, nor does the clerk acquire an individual interest; neither does the clerk acquire authority to substitute for the court a different depository, or to speculate by putting the money out at interest, thereby taking the risk of a loss. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Role of clerk as statutory receiver.

- Under the law the clerk, as regards deposits of money by litigants in pending cases, is a statutory receiver and occupies a position similar to a receiver in equity, therefore, the clerk's duties are to hold the money for the court and pay the money out on the order of the court to those entitled thereto, and the possession is that of bailee for reward, the clerk's salary being the clerk's reward for all duties assumed in taking office. Puckett v. Chambers, 66 Ga. App. 513, 18 S.E.2d 20 (1941), aff'd sub nom. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Applicability to city court clerk.

- If act creating city court makes the clerk thereof amenable to all the duties and liabilities attached to the office of clerk of the superior court, the clerk may be ruled under former Code 1933, § 24-2722 (see now O.C.G.A. § 15-6-83) upon the clerk's failure to faithfully account for money coming into the clerk's hands, and under the general provisions of former Code 1933, §§ 24-201, 24-206, and 24-207 (see now O.C.G.A. §§ 15-13-1 and15-13-3). Ivester v. Mozeley, 89 Ga. App. 578, 80 S.E.2d 197 (1954).

If sole compensation of clerk is salary payable by county, the clerk is inhibited to receive to the clerk's own use any fees or perquisites of office. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Moneys incidentally coming into hands of clerk from parties to cases in court are deposits for safekeeping to meet requirements of the orders or judgments of court. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Interest on wrongful deposits become part of principal.

- If the clerk of a municipal court receives deposits of moneys from litigants in cases pending in the clerk's court and deposits money in a bank in the clerk's individual name and withdraws the interest earned on the principal sums and deposits those funds in the bank in the clerk's own name, the interest becomes a part of the principal amounts and does not become the property of the clerk. If the clerk dies, the clerk's successor is entitled to the possession of such interest deposit and the executrix is not. Puckett v. Chambers, 66 Ga. App. 513, 18 S.E.2d 20 (1941), aff'd sub nom. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Cited in Atlanta Coach Co. v. Simmons, 184 Ga. 1, 190 S.E. 610 (1937).

Am. Jur. 2d.

- 15A Am. Jur. 2d, Clerks of Court, § 33.

C.J.S.

- 21 C.J.S., Courts, §§ 342, 345.