George v. American Credit Control, Inc.

Duckworth, Chief Justice.

All costs shall be paid in the court below or the appellant shall make affidavit that he is unable to pay such costs before the clerk transmits the record to the appellate court. Code Ann. § 24-2729 (Ga. L. 1963, p. 368). Formerly, in the event of delay, not the fault of the clerk but the fault of the plaintiff in error, writs of error were dismissed for failing to prepare the record and transmit the same to this court in the time required by law. See Code Ann. § 2-3705 (Const, of 1945) and Code § 6-1301 (Ga. L. 1946, pp. 726, 741 — repealed by Appellate Practice Act…