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O.C.G.A. § 9-15-10 — Costs in personal actions when damages are less than $10.00 | Georgia Code
O.C.G.A. § 9-15-10 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 15. Court and Litigation Costs, 9-15-1 through 9-15-15.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-15-10. Costs in personal actions when damages are less than $10.00

  1. In all actions for slanderous words, in any court having jurisdiction of the same, if the jury renders a verdict under $10.00, the plaintiff shall have and recover no more costs than damages.
  2. In actions of assault and battery and in all other personal actions wherein the jury upon the trial thereof finds the damages to be less than $10.00, the plaintiff shall recover no more costs than damages unless the judge, at the trial thereof, finds and certifies on the record that an aggravated assault and battery was proved.

(Laws 1767, Cobb's 1851 Digest, p. 504; Code 1863, §§ 3606, 3607; Code 1868, §§ 3630, 3631; Code 1873, §§ 3680, 3681; Code 1882, §§ 3680, 3681; Civil Code 1895, §§ 5390, 5391; Civil Code 1910, § 5984; Code 1933, § 24-3405.)

JUDICIAL DECISIONS

This section applies to actual torts to the person and not to suits for mere negligent injury. Saunders v. Parker, 20 Ga. App. 292, 93 S.E. 103 (1917).

This section does not apply to trover when the plaintiff elects to take damages. Grant v. General Baptist Convention, 10 Ga. App. 392, 73 S.E. 422 (1912).

When plea of justification is filed in an action for personal injuries, a verdict for $1.00 and costs would not carry all of the costs of the action, and to such a verdict the plaintiff is entitled when the plea of justification fails. Conley v. Arnold, 93 Ga. 823, 20 S.E. 762 (1894). See also Kirby v. Thompson, 138 Ga. 544, 75 S.E. 625 (1912).

Verdict inadequate.

- When the verdict establishes liability and the extent of damage is proved to amount to $107.00, a verdict for $1.00 is inadequate, and not sufficient even to carry nominal damages. Travers v. Macon Ry. & Light Co., 19 Ga. App. 15, 90 S.E. 732 (1916).

Cited in Hardin v. Lumpkin, 5 Ga. 452 (1848); Atlantic Coast Line R.R. v. Stephens, 14 Ga. App. 173, 80 S.E. 516 (1914).

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.