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2018 Georgia Code 5-4-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-4-17 Case Law from Google Scholar Amendments to OCGA 5-4-17

TITLE 5 APPEAL AND ERROR

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

ARTICLE 2 PROCEDURE

5-4-17. Recovery of costs by defendant generally.

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.

(Orig. Code 1863, § 3978; Code 1868, § 3999; Code 1873, § 4071; Code 1882, § 4071; Civil Code 1895, § 4656; Civil Code 1910, § 5205; Code 1933, § 19-505.)

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

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

C.J.S.

- 14 C.J.S., Certiorari, § 53 et seq.

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