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Call Now: 904-383-7448A county surveyor who makes a survey for a person who neglects to pay him may make oath before the judge of the probate court of his county of the performance of such service and its value. The judge of the probate court shall thereupon issue a fi. fa. in his name for the use of the surveyor, against the person defaulting. Such person may defend himself therefor in the same manner as persons against whom executions issue for detaining county funds.
(Orig. Code 1863, § 554; Code 1868, § 618; Code 1873, § 577; Code 1882, § 577; Civil Code 1895, § 483; Civil Code 1910, § 608; Code 1933, § 23-1111.)
- Filing of affidavit of illegality by person against whom execution has been issued for holding county money, § 48-5-239.
- Former Code 1933, § 23-1111 (see O.C.G.A. § 36-7-11), taken in connection with former Code 1933, § 91A-1219 (see O.C.G.A. § 48-5-239), provided a remedy for a county surveyor to collect the surveyor's fees for official services rendered, and also a way for the defendant to test the correctness of the claim. Webb v. Stephens, 57 Ga. App. 395, 195 S.E. 577 (1938).
- This section is clear and unambiguous and makes it the duty of the ordinary (now judge of the probate court) to issue a fi. fa. when the surveyor has complied with the provisions of this section. 1960-61 Op. Att'y Gen. p. 87 (see O.C.G.A. § 36-7-11).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2003-02-24
Citation: 577 S.E.2d 564, 276 Ga. 243, 2003 Ga. LEXIS 170
Snippet: the Georgia Development Impact Fee Act, OCGA § 36-71-1 et seq. The County denied that the fees are disproportionate