For entering an execution upon the general execution docket, the clerk shall be entitled to the fees enumerated in Code Section 15-6-77.
(Ga. L. 1889, p. 106, § 5; Civil Code 1895, § 2782; Civil Code 1910, § 3324; Code 1933, § 39-705; Ga. L. 1950, p. 107, § 1; Ga. L. 1971, p. 699, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
Duty of clerk to collect indexing fee.
- Clerk who was on a salary basis must collect the indexing fee prescribed by former Code 1933, § 39-705 (see now O.C.G.A. § 9-12-94); any failure to collect such fee and make proper disposition of the money could subject the clerk to a fine under former Code 1933, § 24-2721 (see now O.C.G.A. § 15-6-81) (failure to perform duty punishable as contempt). 1970 Op. Att'y Gen. No. U70-171.
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Clerks of Court, § 11 et seq.
C.J.S.- 21 C.J.S., Courts, § 333 et seq.
ARTICLE 5 UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT
Cross references.
- Time limitation on bringing of actions upon judgments obtained outside state, § 9-3-20.
JUDICIAL DECISIONS
Statute does not apply to the judgments of other states of the United States. Trammell v. Burke, Inc., 154 Ga. App. 366, 268 S.E.2d 417 (1980).
Payment is a complete defense to enforcement of a foreign judgment entitled to full faith and credit and domestication in this state and the defendant may plead partial satisfaction or any other affirmative defense to the enforcement sought in an action on the domesticable judgment. Sun First Nat'l Bank v. Gainesville 75, Ltd., 155 Ga. App. 70, 270 S.E.2d 293 (1980).
RESEARCH REFERENCES
C.J.S.
- 50 C.J.S., Judgments, § 1273 et seq.
ALR.
- Foreign judgment based upon or which fails to give effect to a judgment previously rendered at the forum or in a third jurisdiction, 44 A.L.R. 457; 53 A.L.R. 1146.
Conclusiveness as to merits of judgment of courts of foreign country, 46 A.L.R. 439; 148 A.L.R. 991.
Injunction against enforcement of judgment rendered in foreign country or other state, 64 A.L.R. 1136.
Interlocutory judgment or decree in one state as bar to an action in another state, 84 A.L.R. 721.
Recognition and enforcement, upon principles of comity, of decree or part of decree for alimony, rendered in another state, which is not within full faith and credit provision, 132 A.L.R. 1272.
Foreign attachment or garnishment as available in action by nonresident against nonresident or foreign corporation upon a foreign cause of action, 14 A.L.R.2d 420.
Identification of parties in action on foreign judgment, 60 A.L.R.2d 1024.
Uniform Enforcement of Foreign Judgments Act, 72 A.L.R.2d 1255.
Construction and application of Uniform Foreign Money Judgments Recognition Act, 100 A.L.R.3d 792.