Truitt v. Shumate

Simmons, O. J.

Prior to the act of 1897 (Acts 1897, p. 32), the law required a party who desired to enter an appeal in forma pauperis to make an affidavit, before he entered his appeal, that he was, owing to his poverty, “unable to pay the costs and give the security required by law in cases of appeal.” Civil Code, § 4465. The General Assembly amended this section of the code by striking therefrom the word “and” and inserting the word “or,” so as to make this portion of the affidavit read : “owing to his poverty he is unable to pay the costs or give the security required by law in cases of…