O.C.G.A.

O.C.G.A. § 5-4-17 (2019)

Recovery of costs by defendant generally

✓ 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 the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have judgment entered in the superior court against the plaintiff and his security for the sum recovered by him, together with the costs in the superior court; and if the case is sent back to the court below, and there is a judgment in the case in favor of the defendant in the court below the security on the certiorari bond shall then be included as in case of security on appeal.

History

(Orig. Code 1863, § 3978; Code 1868, § 3999; Code 1873,

Page: 254

GA RV 13 RV 4(T4-6)

Annotations

JUDICIAL DECISIONS Attorney fees are not ‘‘costs in the superior court’’ within the contemplation of O.C.G.A. § 5-4-17. Bearden v. City of Austell, 212 Ga. App. 398, 441 S.E.2d 782 (1994). Judgment for defendant for amount recovered below, with costs, implies dismissal. - Judgment of superior court which, upon hearing of certiorari, is rendered in favor of defendant therein for amount recovered by the defendant in municipal court, with costs, implies dismissal of certiorari, and is not subject to exception that it was error to enter such judgment without either overruling or sustaining the certiorari. Phelps v. Belle Isle, 29 Ga. App. 571, 116 S.E. 217 (1923). When certiorari dismissed for nonpayment of costs, judgment against plaintiff and surety cannot be dismissed. Ray v. Cruce, 21 Ga. App. 539, 94 S.E. 899 (1918).

When certiorari in bail trover action is dismissed and costs awarded. - When certiorari in bail trover action is dismissed, and judgment for costs of proceedings are taxed against the plaintiff, action on usual condemnation bond will lie for value of property, if lost or destroyed. Jones v. Funston, 22 Ga. App. 410, 95 S.E. 1003 (1918), later appeal, 23 Ga. App. 706, 99 S.E. 237 (1919), later appeal, 25 Ga. App. 92, 102 S.E. 541 (1920). Cited in Carnes v. Mattox, 71 Ga. 515 (1883); Odell v. Dozier, 104 Ga. 203, 30 S.E. 813 (1898); Thompson v. Dean, 15 Ga. App. 757, 84 S.E. 205 (1915); Bailey v. Ware & Harper, 19 Ga. App. 255, 91 S.E. 275 (1917); Crine v. Morton Salt Co., 49 Ga. App. 150, 174 S.E. 723 (1934); Armstrong v. Mayor of Savannah, 250 Ga. 121, 296 S.E.2d 690 (1982).

RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - 5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.

C.J.S. - 14 C.J.S., Certiorari, § 53 et seq.

Notes of Decisions

Cited in 2 cases, 1994–2020 · leading case: Bearden v. City of Austell, 441 S.E.2d 782 (Ga. Ct. App. 1994).

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Bearden v. City of Austell, 441 S.E.2d 782 (Ga. Ct. App. 1994). · cites it 10× “OCGA § 5-4-17 provides in part: “If the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have judgment entered in the superior court against the plaintiff and his security for the sum recovered by him,…”

Ultra Grp. of Companies, Inc. v. Inam Int'l, Inc. (Ga. Ct. App. 2020). · cites it 6× “In its order entering judgment for Inam, the trial court cited to OCGA § 5-4-17. That code section states, in pertinent part, that 5 [i]f the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have judgment…”

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.