O.C.G.A. § 9-15-3 (2019)

Annotations

JUDICIAL DECISIONS No fee in advance for entering motion. - Clerk is not entitled to claim a fee in advance for entering a case upon the

motion docket. Ball v. Duncan, 30 Ga. 938 (1860); Dickson v. Hutchinson, 173 Ga. 644, 161 S.E. 139 (1931).

Decree assessing costs of court against one of parties is final decree, which the trial court is without authority to enter at an interlocutory hearing on an interlocutory matter, such as the grant or denial of an injunction. Kight v. Gilliard, 214 Ga. 445, 105 S.E.2d 333 (1958). Payment on judgment. - Under former Code 1882, §§ 3684 and 3685 (see now O.C.G.A. §§ 9-15-3 and 9-15-11), the costs of a case were payable to the officers on the rendition of the judgment. Erwin v. United States, 37 F. 470 (S.D. Ga. 1889), rev’d on other grounds, 47 U.S. 676, 13 S. Ct. 439, 37 L. Ed. 328 (1893). Funds in receiver’s hand. - Clerk has no right to the clerk’s costs out of the fund in a receiver’s hands, until the fund has been adjudged subject to costs, on the termination of the case. Eugene S. Ballin & Co. v. M. Ferst & Co., 55 Ga. 546 (1875); Dickson v. Hutchinson, 173 Ga. 644, 161 S.E. 139 (1931). Judgments cannot be set off in amounts including unpaid court costs. - When one party, as transferee of a judgment against another, seeks to have a judgment obtained by such other party against the transferee set off and credited

on the transferee’s large judgment, and the costs due court officers in the judgment sought to be applied against the judgment have not been paid, the judgments cannot be set off in amounts which include the unpaid court costs. Hollomon v. Humber, 180 Ga. 470, 179 S.E. 365 (1935). Statutory lien as absolute right. - While court officers cannot demand their fees in advance, except in a few specified cases, but must await the outcome of the trial, the officers are compensated with a statutory lien which comes into existence as an absolute right, not a mere dormant or conditional right, even before it is determined in a given case whether the plaintiff or the defendant shall recover. Though it is not determined until after the verdict who is to pay the fees, the officers become entitled to the fees before the rendition of the verdict. Hollomon v. Humber, 180 Ga. 470, 179 S.E. 365 (1935). Cited in Rutherford v. Jones, 12 Ga. 618 (1853); Land v. Jolley, 175 Ga. 788, 166 S.E. 271 (1932); Mendenhall v. Kingloff, 215 Ga. 726, 113 S.E.2d 449 (1960); MacMurphey v. Dobbins, 53 Ga. 294 (1974).

OPINIONS OF THE ATTORNEY GENERAL Clerk may not be required to file divorce case until deposit of amount due under former Code 1933, § 24-2727 (see now O.C.G.A. § 15-6-77) was made. 1969 Op. Att’y Gen. No. 69-99. Clerk of superior court may not demand more than amount due as advance costs deposit under former

Code 1933, § 24-2727 (see now O.C.G.A. § 15-6-77) for the filing of a divorce proceeding, although the clerk may accept such additional costs as the party volunteers to pay towards the total anticipated court costs of the proceeding. 1969 Op. Att’y Gen. No. 69-111.

RESEARCH REFERENCES ALR. - Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 ALR2d 448.

Continuance of civil case as conditioned upon applicant’s payment of costs or expenses incurred by other party, 9 ALR4th 1144.