When Costs May Be Demanded

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The several officers of court are prohibited from demanding the costs in any civil case or any part thereof until after judgment in the same, except as otherwise provided by law.

(Laws 1834, Cobb's 1851 Digest, p. 506; Laws 1842, Cobb's 1851 Digest, p. 507; Code 1863, § 3609; Code 1868, § 3634; Code 1873, § 3684; Code 1882, § 3684; Civil Code 1895, § 5393; Civil Code 1910, § 5991; Code 1933, § 24-3409.)

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 A.L.R.2d 448.

Continuance of civil case as conditioned upon applicant's payment of costs or expenses incurred by other party, 9 A.L.R.4th 1144.


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