Legal Opinion · Dissent

Stone Mountain Memorial Ass'n v. Stone Mountain Scenic Railroad

Supreme Court of Georgia

Decided April 16, 1974No. 28665Published

1DissentHall, Justice

In my opinion the Court of Appeals correctly stated the law on this question in Barnett v. Thomas, 129 Ga. App. 583 (200 SE2d 327).

The Appellate Practice Act of 1965 provides that the appellant is entitled to a judgment for the "costs in the appellate court” in case of a reversal. Code § 6-1704. It also provides that "it shall be the duty of the appellant to have the transcript [of the evidence] prepared at his expense.” Code Ann. § 6-805 (c). Section 6-1704 and 6-805 (c) of the Appellate Practice Act must be construed together.

"The term 'costs,’ as applied to proceedings in a court of…

2Cases cited4 opinions

  1. Markham v. RossSupreme Court of Georgia · 1884
  2. Walton County v. DeanCourt of Appeals of Georgia · 1918
  3. Barnett v. ThomasCourt of Appeals of Georgia · 1973
  4. ROYAL FINANCE COMPANY v. KnipherCourt of Appeals of Georgia · 1962

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