Pitts v. Eppinger

An affidavit in forma pauperis, made for. the purpose of entering an appeal from a decision of the court of ordinary, is fatally defective if it states that the appellant is unable to pay the costs and give the security required by law in cases of appeal. Civil Code (1910), § 5010; Abernathy v. Mitchell, 113 Ga. 127 (2) (39 S. E. 930); Ball v. Mapp, 114 Ga. 349 (1) (2) (40 S. E. 272).(a) While such an affidavit is amendable if proper showing be made that the word “and” was used by accident and mistake for the word “or,” yet where the appellant’s counsel merely orally stated to the court that…