AETNA CASUALTY & SURETY CO. v. SAMPLEY

40396.

108 Ga. App. 617 (1963)

134 S.E.2d 71

AETNA CASUALTY & SURETY COMPANY v. SAMPLEY.

Court of Appeals of Georgia.

Rehearing Denied November 6, 1963.


Attorney(s) appearing for the Case

Frank M. Gleason, Strang, Fletcher, Carriger & Walker, for plaintiff in error.

George W. Adams, Cook & Palmour, Bobby Lee Cook, contra.


EBERHARDT, Judge.

1. There is a motion to dismiss predicated on Ga. L. 1963, p. 368, amending Code § 24-2729. The 1963 Act provides that appellant "shall" pay all costs to the clerk "before the [case] shall be transmitted" unless there is a pauper's affidavit. There is neither a certificate of payment nor a pauper's affidavit in the record. The clerk, like other public officials, is presumed to have performed his duty at the time and in the manner prescribed...

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