LeBron v. Stewart

1. Where a plaintiff in certiorari paid the cost in the court below and made the affidavit provided for by the Civil Code (1910), § 5187, except that in the affidavit he did not say that he was unable to pay the cost, the law in these respects was complied with, and the court did not err in refusing to dismiss the certiorari because the affiant did not swear that he was unable to pay the cost. Simpkins v. Johnson, 3 Ga. App. 437, 440 (60 S. E. 202).

2. A note voluntarily given in liquidation of a disputed claim is not without consideration (Stewart v. Hardin, 24 Ga. App. 611(2), 101 S. E. 716)…