Smith v. Mayor &C. of Lake City

Evans, Judge.

All costs for preparing the transcript of the record shall be paid "by the appellant to the Clerk before the same shall be transmitted” to the appellate courts unless the appellant makes the pauper’s affidavit. Code § 24-2729 as amended (Ga. L. 1963, p. 368). In the cases sub judice a delay of approximately 33 days (other than the 20 days authorized in which to prepare the transcript) was occasioned by the "heavy work load” in the clerk’s office. Thereafter an additional 17 days delay was occasioned by the appellants’ failure to pay the costs.

While the appeal is not as stale as…