Wheeler v. Wheeler

Evans, 3?. J.

1. Under tlie Civil Code, § 6165, a bill of exceptions operates as a supersedeas in a civil case where the plaintiff in error, on or before filing it with the clerk of the superior court, pays the costs and gives the prescribed bond, or files with tlie clerk in lieu tliereof an affidavit in forma páuperis, as prescribed • by the statute.

2. A supersedeas results only when the statute has been complied with. The affidavit in forma pauperis is tlie substitute for tlie bond, and must be.filed “on or before filing tlie-bill of exceptions.” The filing of the affidavit several days…