O.C.G.A.

O.C.G.A. § 9-12-94 (2019)

Clerk’s fees

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

For entering an execution upon the general execution docket, the clerk shall be entitled to the fees enumerated in Code Section 15-6-77.

History

(Ga. L. 1889, p. 106, § 5; Civil Code 1895, § 2782; Civil Code 1910, § 3324; Code 1933, § 39-705; Ga. L. 1950, p. 107, § 1; Ga. L. 1971, p. 699, § 3.)

Annotations

JUDICIAL DECISIONS Cited in Benton v. Benton, 164 Ga. 541, 139 S.E. 68 (1927). OPINIONS OF THE ATTORNEY GENERAL Duty of clerk to collect indexing fee. - Clerk who was on a salary basis must collect the indexing fee prescribed by former Code 1933, § 39-705 (see now O.C.G.A. § 9-12-94); any failure to collect such fee and make proper disposition of

the money could subject the clerk to a fine under former Code 1933, § 24-2721 (see now O.C.G.A. § 15-6-81) (failure to perform duty punishable as contempt). 1970 Op. Att’y Gen. No. U70-171.

RESEARCH REFERENCES Am. Jur. 2d. - 15A Am. Jur. 2d, Clerks of Court, § 11 et seq.

C.J.S. - 21 C.J.S., Courts, § 333 et seq.

ARTICLE 5 UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT Cross references. - Time limitation on bringing of actions upon judgments obtained outside state, § 9-3-20.

JUDICIAL DECISIONS Statute does not apply to the judgments of other states of the United States. Trammell v. Burke, Inc., 154 Ga. App. 366, 268 S.E.2d 417 (1980). Payment is a complete defense to enforcement of a foreign judgment entitled to full faith and credit and domesti-

cation in this state and the defendant may plead partial satisfaction or any other affirmative defense to the enforcement sought in an action on the domesticable judgment. Sun First Nat’l Bank v. Gainesville 75, Ltd., 155 Ga. App. 70, 270 S.E.2d 293 (1980).

RESEARCH REFERENCES C.J.S. - 50 C.J.S., Judgments, § 1273 et seq. ALR. - Foreign judgment based upon or which fails to give effect to a judgment previously rendered at the forum or in a third jurisdiction, 44 ALR 457; 53 ALR 1146. Conclusiveness as to merits of judgment of courts of foreign country, 46 ALR 439; 148 ALR 991. Injunction against enforcement of judgment rendered in foreign country or other state, 64 ALR 1136. Interlocutory judgment or decree in one state as bar to an action in another state, 84 ALR 721.

Recognition and enforcement, upon principles of comity, of decree or part of decree for alimony, rendered in another state, which is not within full faith and credit provision, 132 ALR 1272. Foreign attachment or garnishment as available in action by nonresident against nonresident or foreign corporation upon a foreign cause of action, 14 ALR2d 420. Identification of parties in action on foreign judgment, 60 ALR2d 1024. Uniform Enforcement of Foreign Judgments Act, 72 ALR2d 1255. Construction and application of Uniform Foreign Money Judgments Recognition Act, 100 ALR3d 792.