11-3-41 - Final judgment to be certified to court below; collection of court costs.
§ 11-3-41. Final judgment to be certified to court below; collection of court costs.
It shall be the duty of the clerk of the court below, upon receiving the mandate of the Supreme Court, to issue the proper execution on the final judgment or decree, if the same be for the plaintiff in the original cause, for the amount of money or other thing adjudged to the plaintiff, and all costs paid in the court below if not previously paid; and, if the judgment be rendered for the defendant in the original cause, then, on receipt of the mandate, execution shall issue against the plaintiff in the cause for the defendant's costs paid in the court below. In cases where the Supreme Court assesses the costs against the appellee, the appellant shall, with no further court action, be entitled to a judgment against the appellee in the amount expended by the appellant on court costs. The appellee shall be responsible for the cost of collection of this judgment, including attorney's fees. If the Clerk of the Supreme Court fails to issue the mandate as required, he shall forfeit to the aggrieved party One Hundred Dollars ($100.00), to be recovered by motion before the Supreme Court on five (5) days' notice.
Sources: Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (8); 1857, ch. 63, art. 14; 1871, § 416; 1880, § 1442; 1892, § 4380; 1906, § 4946; Hemingway's 1917, § 3222; 1930, § 3406; 1942, § 1990; Laws, 1978, ch. 335, § 5; Laws, 1979, ch. 482, § 1; Laws, 1991, ch. 573, § 15, eff from and after July 1, 1991.