Rutherford v. Jones
Supreme Court of Georgia
This was an application for a mandamus, to be directed to the Clerk of the Superior Court of Muscogee County, requiring him to send up the transcript of the record in this cause, which he refused to transmit until the costs of making out the transcript were paid. The single question involved, was the right of the Clerk to demand these costs before transmitting the record.
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
[1.] The question submitted, is important to parties litigant, and also to the officers. Both from an examination of the Act organizing this Court, and the general legislation of the State, in relation to costs, our conclusion is, that the Clerk is not entitled to demand the costs for making out the transcript of the record before transmitting it to the Supreme Court.
Under the Act of 1845, organizing the Supreme Court, the party filing exceptions is required to pay only such costs as have accrued up to the time of filing of the bill of exceptions.…
2Cited by1 opinion
- In re Contempt by Four ClerksSupreme Court of Georgia · 1900