In all cases in which it is made to appear that an attorney is liable for costs, the court shall, on motion, order a judgment and execution against him for the same.
(Orig. Code 1863, § 3612; Code 1868, § 3637; Code 1873, § 3687; Code 1882, § 3687; Civil Code 1895, § 5396; Civil Code 1910, § 5994; Code 1933, § 24-3412.)
OPINIONS OF THE ATTORNEY GENERALClerk of superior court has no discretion as to acceptance and transmittal of pauper's affidavit. 1965-66 Op. Att'y Gen. No. 66-169.
Probate court costs.
- Purpose of statutory provisions allowing indigent persons relief from the filing of deposits such as Ga. L. 1955, p. 584, §§ 1 and 2 and former Code 1933, §§ 24-716 and 24-1716.1 (see now O.C.G.A. §§ 9-15-2,15-9-60, and15-9-61) was to provide an indigent access to the courts, and it did not appear that the General Assembly intended to permanently relieve a litigant from responsibility to pay any probate court costs regardless of the litigant's ultimate ability to pay such costs; accordingly, a party allowed to proceed in forma pauperis without the filing of such an advance cost deposit could be required to pay court costs if the party later became able to pay those costs by virtue of receipt of estate funds through probate proceedings. 1978 Op. Att'y Gen. No. U78-48.
RESEARCH REFERENCES
ALR.
- Necessity of attorney on contingent fee making pauper's oath in support of suit in forma pauperis, 33 A.L.R. 731.
Right of indigent to proceed in marital action without payment of costs, 52 A.L.R.3d 844.
What constitutes order made pursuant to state domestic relations law for purposes of qualified domestic relations order exception to antialienation provision of Employee Retirement Income Security Act of 1974 (29 USCS § 1056(d)), 79 A.L.R.4th 1081.