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Call Now: 904-383-7448When a case is disposed of, the costs, including fees of witnesses, shall be included in the judgment against the party voluntarily dismissing, being involuntarily dismissed, or cast in the action. It shall be the duty of the clerk of the court, of the magistrate, or of any other officer who may issue an execution to endorse on the execution at the time it is issued the date and amount of the judgment, the items of the bill of cost, written in words, and the amount of each item distinctly stated in figures. No costs or items of costs shall in any case be demanded by any officer unless they are itemized and endorsed as provided in this Code section.
(Orig. Code 1863, § 3610; Code 1868, § 3635; Ga. L. 1870, p. 67, § 1; Code 1873, § 3685; Code 1882, § 3685; Civil Code 1895, § 5394; Civil Code 1910, § 5992; Code 1933, § 24-3410; Ga. L. 1983, p. 884, § 4-1.)
Judgment assessing costs of court against one of parties is final judgment which the trial court is without authority to enter on an interlocutory matter. Wood v. Delta Ins. Co., 101 Ga. App. 720, 114 S.E.2d 883 (1960).
This section makes it duty of clerk to assess costs; and in a case when the clerk makes such an assessment the defendant is bound by the assessment until the assessment is reversed and set aside. Cary v. Simpson & Harper, 15 Ga. App. 280, 82 S.E. 918 (1914).
- When an officer issuing an execution attaches to the writ a separate paper having thereon a bill of the costs itemized in the manner prescribed in this section, this paper becomes a part of the execution itself and the action thus taken by the clerk is equivalent to properly endorsing the bill of costs thereon. Hix v. Gully, 113 Ga. 83, 38 S.E. 399 (1901).
- When the clerk gives a receipt for the costs "in full" it is prima facie evidence that all the costs have been paid. Cary v. Simpson & Harper, 15 Ga. App. 280, 82 S.E. 918 (1914).
When this section is fully complied with, it is not error to overrule motion to dismiss levy. Connell v. Officers of Court, 145 Ga. 231, 88 S.E. 927 (1916).
When levy is dismissed, the court has no power to order goods levied or sold to meet expenses incurred by the sheriff on levying on goods nor has the sheriff any lien on the goods. Ward v. Barnes, 95 Ga. 103, 22 S.E. 133 (1894).
- When clerk of superior court issued an execution for the amount of costs due the clerk for transcript of record of the case, and accepted from them, in full settlement, an amount less than that due and for which execution had been issued, after a reversal by the Supreme Court of the judgment excepted to, the plaintiffs in error were not entitled to a writ of mandamus to compel the clerk to issue an execution against the defendant in error for an amount of such costs greater than the amount the plaintiffs actually paid. Greer v. Whitley, 135 Ga. 333, 69 S.E. 479 (1910).
- Former Civil Code 1910, §§ 5624 and 5625 (see now O.C.G.A. § 9-2-62) must be construed in connection with former Civil Code 1910, § 5992 (see now O.C.G.A. § 9-15-11). When a case was disposed of, the costs of the case, including fees of witnesses, should be included in the judgment against the party dismissing, being nonsuited, or cast. Dickson v. Hutchinson, 173 Ga. 644, 161 S.E. 139 (1931).
O.C.G.A. § 9-15-2 does not relieve an indigent inmate from paying costs required under O.C.G.A. §§ 9-15-1 and9-15-11. Newsome v. Graham, 254 Ga. 711, 334 S.E.2d 183 (1985).
Cited in Smith v. Bell, 107 Ga. 800, 33 S.E. 684, 73 Am. St. R. 151 (1899); Land v. Jolley, 175 Ga. 788, 166 S.E. 217 (1932); Hollomon v. Humber, 180 Ga. 470, 179 S.E. 365 (1935); Hartsfield Co. v. Shoaf, 184 Ga. 378, 191 S.E. 693 (1937); Garrett v. Board of Comm'rs, 215 Ga. 351, 110 S.E.2d 626 (1959); Paul v. Paul, 236 Ga. 692, 225 S.E.2d 45 (1976).
7C Am. Jur. Pleading and Practice Forms, Costs, § 74.
- Validity of contract to testify, 41 A.L.R. 1322; 45 A.L.R. 1423.
Power of court which appoints or employs expert witnesses to tax their fees as costs, 39 A.L.R.2d 1376.
Award of costs to defendant on causes of action where claims of some, but not all, of coplaintiffs were successful, 68 A.L.R.2d 1058.
Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 A.L.R.2d 448.
Dismissal of plaintiff's action as entitling defendant to recover attorneys' fees or costs as "prevailing party" or "successful party,", 66 A.L.R.3d 1087.
Who is the "successful party" or "prevailing party" for purposes of awarding costs where both parties prevail on affirmative claims, 66 A.L.R.3d 1115.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 1993-04-12
Citation: 263 Ga. 119, 428 S.E.2d 325, 93 Fulton County D. Rep. 1601, 1993 Ga. LEXIS 358
Snippet: an indigent defendant under OCGA §§ 9-15-1 and 9-15-11, and that a party’s indigency does not relieve
Court: Supreme Court of Georgia | Date Filed: 1985-09-12
Citation: 334 S.E.2d 183, 254 Ga. 711, 1985 Ga. LEXIS 833
Snippet: paying costs required under OCGA §§ 9-15-1 and 9-15-11. See Graham v. Newsome, 174 Ga. App. 351 (330 SE2d