When any action ex contractu is brought in the superior or state court and the verdict of the jury, unreduced by setoff or payment pending the action, is for a sum under $50.00, the defendant shall not be charged with more costs than would have necessarily accrued if the case had been heard before a magistrate. The remainder of the court costs shall be paid by the plaintiff and may be retained out of the sum recovered by the plaintiff and, if that is insufficient, judgment shall be entered by the court against the plaintiff for the balance.
(Laws 1809, Cobb's 1851 Digest, p. 505; Code 1863, § 3604; Code 1868, § 3628; Code 1873, § 3678; Code 1882, § 3678; Civil Code 1895, § 5388; Civil Code 1910, § 5983; Code 1933, § 24-3404; Ga. L. 1983, p. 884, § 4-1.)
Cross references.- For further provisions regarding recovery of expenses of litigation in contract actions, see § 13-6-11.
JUDICIAL DECISIONS
This section does not apply to torts. Lea v. Harris, 88 Ga. 236, 14 S.E. 566 (1891).
Cited in Robinson v. Towns, 30 Ga. 818 (1860); Officers of Court v. Hines & Hobbs, 33 Ga. 516 (1863); Smith v. Shaffer & Ham, 65 Ga. 459 (1880); Graham v. City of Baxley, 117 Ga. 42, 43 S.E. 405 (1903); Parker v. Rexall Drug Co., 132 Ga. App. 32, 207 S.E.2d 617 (1974).