50 S.E.2d 844 | Ga. Ct. App. | 1948
1. The statute of limitations applicable to general judgments does not apply to judgments in the form of orders of a judge approving insolvent costs.
2. Preceding officers of the City Court of Floyd County are entitled to be paid their insolvent costs for which they hold judgments duly entered on the minutes of the court after current officers are paid for bringing the funds into the court.
3. The law for the payment of insolvent costs in the superior court applies to the payment of insolvent costs in the City Court of Floyd County.
"2. It is the opinion of the court that Code section 27-2909 does not apply to the City Court of Floyd County by virtue of the act creating said city court, and especially in view of the ruling in the recent case of Terrell v. Jolly.
"3. The court further finds that under the act of 1918, the Solicitor of the City Court of Floyd County does not have any claim on the fund involved during the interval from the passage of said act until the act of 1920, when the fee system was again restored by legislative act, and that any fund accruing to the Solicitor of the City Court of Floyd County during that period of time would be payable to the general fund of Floyd County. All other officers, including the sheriff, clerk of the city court, justices of the peace, etc., would be entitled to participate during *228 the two years period between 1918 and 1920, as if the act of 1918 had not been passed.
"4. The court further finds that under the case of DadeCounty v. Lyemance,
"5. The court further finds that no officer of said court is entitled to share in the distribution of the funds involved unless and until such officer had filed and had allowed an itemized list of the costs claimed by him.
"6. The court further finds that, after the payment of all legal claims of the officers of the court, if there is still a sum remaining in the hands of the treasurer, that such fund does not become the property of Floyd County, but that the same should be held by the treasurer and his successors in office for the payment of such further orders as might be presented to him arising from insolvent costs in the City Court of Floyd County. It is further found that the costs of this proceeding be paid from the funds involved in this case."
Exceptions were filed to the first, second, fourth, and sixth parts of the judgment set forth above.
The questions presented here for decision are: First, are these judgments barred by statute? Second, if they are not, are former officers of the City Court of Floyd County entitled to be paid their insolvent costs for which they hold judgments in the form of court orders duly entered on the minutes of the court? To state it differently, are the officers of the City Court of Floyd County precluded from collecting their insolvent costs, where, as here, they do not collect them from funds in their hands and can not call upon the treasurer of the county to pay these old judgments for insolvent costs, even where, as here, the funds are derived from fines, forfeitures, and automobile condemnations in the City Court of Floyd County? Third, does the law for the payment of insolvent costs in the superior court apply to the City Court of Floyd County?
1. Are the judgments barred by the statute? It is stipulated that none of the intervenors had made any demand on the treasurer or his predecessors in office, and in this connection it was further stipulated that, if such demand had been made, it would have been refused for the reason that there were no funds in the hands of the treasurer with which to satisfy the demand. While an order of a court for insolvent costs is a judgment when placed on the minutes of the court (Walden v.Smith,
"(4) The orders in favor of the ex county solicitor for the payment of his insolvent costs had not become stale by the lapse of time, the more especially as it appeared that the fund in dispute was the first fund legally subject to the payment of the same, which had arisen since the orders were granted." We think that there is every reason to believe that the statute was never intended to operate against judgments for insolvent costs. The law seems to place upon the county treasurer the burden of retaining such funds in a separate account. It makes no provision for the funds to be merged with the general fund of the county. The statute leaves a reasonable deduction that the money must remain in the hands of the treasurer for the payment of any old judgments, as these are here, or any future judgments that may become a legal claim upon such fund. Just why shouldn't these officers be paid for their services that amount which the law provides? It is an ancient axiom that a laborer is worthy of his hire. Then, again, the Supreme Court in Freeman v. Hardeman,
2. We come next to inquire whether the intervenors are entitled to be paid the insolvent costs, for which they held judgments duly entered on the minutes of the court, out of the surplus fund in question. The officers of the superior court would be entitled to be so paid. Then why not the officers of the City Court of Floyd County? Prior to 1912 the Solicitor-General of the Superior Court of the Rome Circuit was ex officio Solicitor of the City Court of Floyd County. The act creating the City Court of Floyd County (Ga. L. 1882-83, p. 540), provided for the solicitor-general to be paid any insolvent costs arising in that court to the same extent and in the same manner as his fees were paid in the superior court. This procedure was followed *231
until 1912, at which time the Solicitor-General of the Rome Circuit was no longer Solicitor-General of the City Court of Rome, but the office of Solicitor of the City Court of Rome was created. It was provided also that the Solicitor of the City Court of Rome was to be paid costs, including insolvent costs, the same as the solicitor-general had previously been compensated. In section 18 of the act creating the City Court of Rome it is provided: "That all moneys arising from fines and forfeitures in said city court shall be subject to the claims of the officers of said court, and of the superior court, and of magistrates and constables of said county, for their fees and costs in criminal cases where the defendants are insolvent or have been acquitted, and shall be applied to the payment thereof under the laws and regulations governing the same in the superior courts of this State." In Gamble v. Clark, supra, the question concerned insolvent costs from the County Court of Jefferson County. We call attention to another case, Ball v.Wright,
3. We come next to consider whether the law for the payment of the insolvent costs in the superior court is applicable to the payment of insolvent costs in the City Court of Floyd County. We think so. In our opinion the Supreme Court has in a very recent case settled this question. See Terrell v. Jolly,
In conclusion and as a resume of what we hold, and touching somewhat further on contentions involved, which we may not, perhaps, have touched on specifically, it is our opinion that the trial court committed no error in the judgment in any particular. The provisions of the Code, § 27-2909, do not apply to the City Court of Floyd County, in view of the provisions of the act creating that court. Except for the period of time when the Solicitor of the City Court of Floyd County was on a salary, none of the funds in the hands of the county treasurer had become a part of the general funds of Floyd County. It is a trust fund in the hands of the treasurer for the purpose of paying costs of preceding and current officers in accordance with the act creating the City Court of Floyd County; keeping in mind, of course, that, where funds are paid in a particular case, current officers, *233 including justices of the peace, etc., are entitled in such cases to their costs, although generally they are not participants in the general funds known as insolvent costs. The officers entitled to participate in the insolvent-costs fund can not participate unless they file an itemized statement of their insolvent costs and obtain from the judge of such court an approval thereof. This order of approval must be put on the minutes of the court. It then becomes a judgment against the funds arising from fines and forfeitures and proceeds of condemnation proceedings. This judgment is not a judgment in the general sense that it is subject to be barred and become stale under the statute of limitations which applies generally to judgments. It remains valid and will attach to any funds brought into court thereafter, regardless of the time. The judgment of the court is
Affirmed. MacIntyre, P.J., and Townsend, J., concur.