O.C.G.A. § 9-15-6 (2019)
Liability of attorney of nonresident plaintiff for costs; prior payment of costs in action brought by nonresident attorney and plaintiff
(a) When any attorney institutes an action in any of the courts of this state for any person who resides outside this state, the attorney shall be liable to pay all costs of the officers of court in the event that the action is dismissed or the plaintiff is cast in the action.
(b) When the plaintiff and his attorney both reside outside the limits of this state, the proper officers may demand their full costs before they shall be bound to perform any service in any case commenced by the nonresident attorney or plaintiff. (Laws 1812, Cobb’s 1851 Digest, p. 505; Laws 1839, Cobb’s 1851 Digest, p. 507; Code 1863, §§ 3603, 3605; Code 1868, §§ 3627, 3629; Code 1873, §§ 3677, 3679; Code 1882, §§ 3677, 3679; Civil Code 1895, §§ 5387, 5389; Civil Code 1910, § 5982; Code 1933, § 24-3403.)
Annotations
JUDICIAL DECISIONS Section only applies when plaintiffs are all nonresidents. - This section only applies when the plaintiff or plaintiffs are all nonresidents; therefore, when an attorney institutes a suit in behalf of the plaintiffs some of whom are resident and some not, the attorney is not liable for any of the costs. Berrie v. Atkinson, 114 Ga. 708, 40 S.E. 708 (1902).
Liability of nonresident plaintiff ’s attorney though balance recovered by set off. - Nonresident plaintiff ’s attorney is liable for costs though the defendant had recovered a balance under the plea of set off. Mackey v. Blake, 15 Ga. 402 (1854). Cited in Benson v. Aiken, 117 Ga. App. 245, 160 S.E.2d 453 (1968).
RESEARCH REFERENCES ALR. - Nonresident’s duty to furnish security for costs as affected by joinder or addition of resident, 158 ALR 737.