23 Ga. App. 97 | Ga. Ct. App. | 1918
The County of Walton brought a rule against Dean, solicitor-general, to distribute funds in his hands. By agreement the judge “passed upon the issues of law and fact as presented in the pleadings, under an agreement between the attorneys for the parties that the facts set forth in the pleadings were true.” The petition shows that the sheriff of Walton county presented a bill to the county commissioners, as follows: “Bailroad fare, $18.16; arrest and jail fees, $11.80; auto hire, $4.00; two days’ service, $4.00; hotel bill, $4.00; total, $41.96.” This bill was paid by the commissioners. It grew out of a criminal charge against Paul Malone, to which the accused entered a plea of guilty, and on which he was fined $150.
“A demand was made upon said solicitor by the board of commissioners for the amount expended in bringing back said Paul Malone to Walton county as itemized above, and payment refused, Walton county claiming that the sheriff had a lien for his expenses and cost against the fund arising from said fine in the hands of the solicitor, and Walton county, having paid said bill, became subrogated to the rights of the sheriff as against said fund; also that Walton county was entitled to be reimbursed, from the fine
The rulings in the foregoing order are correct. Granting that the county could be subrogated to the rights of the sheriff (but" upon this we are not passing), there could be no recovery by the county in. this case, unless the sheriff was entitled to recover. In the case of Davis v. State, 33 Ga. 533 (1), Judge Jenkins, speaking for the court, said: “The term "costs/ as applied to proceedings in a court of justice, has, in the acceptation of the profession, and by the practice of all courts, in Gebrgia, a well understood meaning. It includes all charges, fixed by statute, as compensation for services rendered by officers of the court in the progress of the cause.” See also Wellmaker v. Terrell, 3 Ga. App. 796 (60
Judgment affirmed.