She can hardly be held liable to appellant for her refusal to perform "a judicial function which [she] did not possess by virtue of [her] office." Jones v. Bland, 69 Ga. App. 883, 884 ( 27 S.E.2d 102) (1943). Under OCGA § 9-13-10, appellee Price "shall" issue executions for judgments obtained in the Superior Court of Fulton County. As noted above, in doing so, appellee Price is authorized to act only "ministerially" and not "judicially.

Since the duties of the clerk relating to the filing of complaints are ministerial in nature, it is beyond her duty or power to concern herself with the statute of limitation governing a complaint presented to her for filing. See Puckett v. Walker, 194 Ga. 401 (2) ( 21 S.E.2d 713) (1942); Jones v. Bland, 69 Ga. App. 883 ( 27 S.E.2d 102) (1943). Rather, it is the responsibility of the plaintiff and his counsel to see that the appropriate fees are paid in a timely manner.

"Upon the filing of a petition containing a prayer for process against a party apparently subject to the jurisdiction of the court, it is the duty of the clerk to annex thereto the process of the court. `This duty is ministerial solely, and it is beyond the duties or powers of the clerk to pass upon the legal sufficiency of the pleadings.' [ Jones v. Bland, 69 Ga. App. 883, 884 ( 27 S.E.2d 102)]... It must be signed by the clerk or his deputy, bearing teste in the name of the judge of the court, and directed to the sheriff or his deputy, requiring the appearance of the defendant at a stated time." Weltner, Process and Service 3, IC.