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2018 Georgia Code 9-14-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-21 Case Law from Google Scholar Amendments to OCGA 9-14-21

TITLE 9 CIVIL PRACTICE

Section 14. Habeas Corpus, 9-14-1 through 9-14-53.

ARTICLE 1 GENERAL PROVISIONS

9-14-21. Costs of proceedings.

The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk.

(Orig. Code 1863, § 3929; Code 1868, § 3952; Code 1873, § 4028; Code 1882, § 4028; Penal Code 1895, § 1231; Penal Code 1910, § 1312; Code 1933, § 50-125.)

JUDICIAL DECISIONS

Meaning of "costs of the proceeding".

- Term "costs of the proceeding," as used in this section, embraces only charges fixed by statute as compensation for services rendered by officers of court in the progress of the habeas corpus cause and does not authorize the judge hearing the return to the writ to award attorney's fees to the respondent. Bell v. McNair, 160 Ga. 853, 129 S.E. 94 (1925). See also Davis v. State, 33 Ga. 531 (1863).

Cited in Harvey v. Harvey, 244 Ga. 199, 259 S.E.2d 456 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Payment of costs by Board of Offender Rehabilitation in habeas corpus cases brought against wardens of various institutions should only be done upon compliance by the clerk of the taxing court with the statutory provisions; such compliance is not established by the rendering of a statement of account. 1969 Op. Att'y Gen. No. 69-218.

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 167.

C.J.S.

- 39A C.J.S., Habeas Corpus, §§ 377, 378.

ALR.

- Costs in habeas corpus, 81 A.L.R. 151.

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