McAlpin v. Chatham County

1. Where a State or county officer charges an item of costs, he must always show authority of the law so to do; and in a legal proceeding against him for the recovery of an alleged illegal charge (as well as in a proceeding by him to enforce collection), the burden rests upon him to show that the charge is “ expressly and specifically provided for by statute.” Stamper v. State, 11 Ga. 643, 645; Leonard v. Eatonton, 126 Ga. 63, 64 (54 S. E. 963); Clark v. Clark, 137 Ga. 189(2); (73 S. E. 15); Walton County v. Dean, 23 Ga. App. 97, 99 (97 S. E. 561). Acts providing for costs and salaries are to…