Legal Opinion

Mark Trail Campgrounds, Inc. v. Field Enterprises, Inc.

Court of Appeals of Georgia

Decided November 12, 1976No. 52971PublishedCited by 7 opinions

1Opinion of the Court

Smith, Judge.

The appeal in this case was upon a paupers affidavit executed by a corporate official. Appellee seeks a dismissal of the appeal "on the ground that no proper showing has been made that the appeal should proceed in forma pauperis” and contends that since a Georgia law requires a minimum capitalization of $500 and there is no showing that the capital has been exhausted, a proper showing has not been made.

1. The truth of a paupers affidavit must be attacked in the court below, not in this court. See Section 9 of the Appellate Practice Act as amended (Ga. L. 1965, pp. 18, 23; 1966,…

2Cases cited2 opinions

  1. Jenkins v. BOARD OF ZONING &C. CITY OF COLUMBUSCourt of Appeals of Georgia · 1970
  2. Airport Associates v. Audioptic Instructional Devices, Inc.Court of Appeals of Georgia · 1972

3Cited by7 opinions

  1. Heath v. McGuireCourt of Appeals of Georgia · 1983
  2. D'ZESATI v. PooleCourt of Appeals of Georgia · 1985
  3. Columbus Personnel Service v. GachetteCourt of Appeals of Georgia · 1981
  4. Madden v. KeithCourt of Appeals of Georgia · 1978
  5. Golden v. NewsomeCourt of Appeals of Georgia · 1985

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