If after the hearing the certiorari is sustained and a final decision thereon is made by the superior court, the plaintiff may have judgment entered for the amount recovered by him in the court below, the costs paid to obtain the certiorari, and the costs in the superior court. If the certiorari is returned to the court below for a new hearing, the plaintiff shall have judgment entered for the costs in the superior court only, leaving the costs paid to obtain the certiorari to be awarded upon the final trial below.

(Orig. Code 1863, § 3977; Code 1868, § 3998; Code 1873, § 4070; Code 1882, § 4070; Civil Code 1895, § 4655; Civil Code 1910, § 5204; Code 1933, § 19-504.)

JUDICIAL DECISIONS

When certiorari is sustained, losing party is liable for costs in superior court. Walker v. Hillyer, 130 Ga. 466, 61 S.E. 8 (1908).

Costs paid by losing party cannot be recovered even though the losing party may finally succeed in lower court. Walker v. Hillyer, 130 Ga. 466, 61 S.E. 8 (1908).

Amount of costs taxed will aid in determining whether final judgment under former Civil Code 1910, § 5201 (see O.C.G.A. § 5-4-14) was rendered. Whiddon v. Atlantic Coast Line R.R., 21 Ga. App. 377, 94 S.E. 617 (1917).

Improperly taxed costs of certiorari may be written off on appeal.

- When case is returned and costs paid to obtain certiorari are improperly taxed, the costs may be written off on appeal. Tison v. Savannah, Fla. & W. Ry., 97 Ga. 366, 24 S.E. 456 (1895); Haire v. McCardle, 107 Ga. 775, 33 S.E. 683 (1899).

Sustaining certiorari and returning case for another hearing discharge security on bond.

- When certiorari is sustained and case sent back for another hearing, security thereon is discharged from further liability, and may become security on subsequent certiorari bond in same case. Western & Atl. R.R. v. Carder, 120 Ga. 460, 47 S.E. 930 (1904).

Cited in Williams v. Smith, 66 Ga. App. 120, 17 S.E.2d 206 (1941).

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2018 Georgia Code 5-4-16 | Car Wreck Lawyer

TITLE 5 APPEAL AND ERROR

Section 4. Certiorari to Superior Court, 5-4-1 through 5-4-20.

ARTICLE 2 PROCEDURE

5-4-16. Recovery of costs by plaintiff where certiorari sustained; recovery of costs by plaintiff where certiorari returned to lower court for new trial.

JUDICIAL DECISIONS

Improperly taxed costs of certiorari may be written off on appeal.

Sustaining certiorari and returning case for another hearing discharge security on bond.

RESEARCH REFERENCES

Am. Jur. 2d.