Capers v. Ball

Wyatt, Presiding Justice.

The pauper’s affidavit filed in the instant case reads in part as follows: “that he because of his poverty as executor of the estate of Grace Wilson is unable to pay the cost of said case or give security for the eventual condemnation money and that his counsel has advised him that he has good cause for a writ of error.” Such an affidavit is not sufficient to avoid the costs in this court, it not being alleged that the estate which the executor represents is unable from poverty to pay said costs. See Barfield v. Hartley, 108 Ga. 435 (33 S. E. 1010); Hawes v. Bank of…