Samples v. Ashley

There is a motion to dismiss the writ of error in this case on the ground that the costs were not paid and that the pauper affidavit in lieu thereof was improper, in that it was filed on July 36, 1934, whereas the bill of exceptions was not filed until the 30th day of that month, and therefore it does not affirmatively appear that on filing the bill of exceptions the plaintiff in error was unable to pay costs; “that is, within the four days after filing pauper affidavit and the time of filing bill of exceptions she could not have paid the costs.” The affidavit complained of was properly…