Legal Opinion

Brewer v. Brewer

Supreme Court of Georgia

Decided May 15, 1849No. 84PublishedCited by 5 opinions

A preliminary motion was made in this case to dismiss the writ of error, on the ground that the costs in the Court below were not paid, and the cause was not brought up in forma pauperis.

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] This Court decided, at an early day after its organization, that the payment of costs by .the party complaining, in the Court below, was not a condition precedent which the record must show had been performed, before we could take jurisdiction of the cause. If the cost is not paid, the defendant in error may cause execution to issue, and proceed at once to make it in the Court below.

2Cited by5 opinions

  1. Mackin v. BlalockSupreme Court of Georgia · 1909
  2. Galloway v. MerrillSupreme Court of Georgia · 1957
  3. National City Bank v. First National BankSupreme Court of Georgia · 1942
  4. Bethea v. DixonCourt of Appeals of Georgia · 1945
  5. Long v. StrausIndiana Supreme Court · 1886