102 Ga. 399 | Ga. | 1897
There was a motion made in this case to dismiss the writ of error, upon two grounds. The first ground was that the writ of error ought to be dismissed, unless the plaintiff in error paid the costs in the case upon the call of the same in its order for argument, because the plaintiff in error, who had filed in the court below a pauper affidavit to avoid the payment of costs, failed to state in his affidavit “that his counsel has advised him that he has good cause for a writ of error.” In his affidavit the plaintiff in error simply states that, because of his poverty, he is unable to pay the costs in this case. This motion was evidently based upon Pille 15 of this court, which provides that “ No case in which cost is due will be heard (except bj^ special order of the court) until the cost is paid; and if not paid when the case is called, the clerk shall so inform the court, whereupon the case will be dismissed.” Was the cost due in this.