Abrams v. Ryan
Supreme Court of Georgia
Qeritorari. Costs. Practice in the Superior Court. Judgment. Before Judge Tompkins. Chatham Superior Court. February Term, 1878. Seabrook foreclosed a laborer’s lien against Ryan, and a counter-affidavit was filed. The issue thus formed came on for trial before Abrams, a justice of the peace, who rendered judgment for the plaintiff for $16.05 and costs.
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Qeritorari. Costs. Practice in the Superior Court. Judgment. Before Judge Tompkins. Chatham Superior Court. February Term, 1878. Seabrook foreclosed a laborer’s lien against Ryan, and a counter-affidavit was filed. The issue thus formed came on for trial before Abrams, a justice of the peace, who rendered judgment for the plaintiff for $16.05 and costs. The defendant paid the costs, $13.70, and notified the magistrate to hold the same subject to the final judgment on certiora/ri. He carried the case by certiora/ri to the superior court, which passed, in substance, the following order : That…
1Opinion of the Court
Bleckley, Justice.
As in appeal, so in certiora/ri, the costs in a justice court are to be paid, not merely deposited. Code, §4054. It is a mistake to analogize the ordinary judgment for costs, in a civil case betwéen party and party, to an illegal judgment for costs in a criminal case. In the formfer, the justice court has power to render judgment for costs, as incidental to a disposition of the suit. The presiding justice earns his cost by rendering the service required of him, and pronouncing the judgment which he deems correct between the litigants. He does not insure the correctness of…
2Cases cited1 opinion
- Abrams v. LangSupreme Court of Georgia · 1878