City of Atlanta v. Akins

Deen, Judge.

1. There is a motion to dismiss this appeal for noncompliance with Code Ann. § 24-2729, providing that the appellant shall pay all costs or file a pauper’s affidavit prior to the transmission of the record. In Aetna Cas. &c. Co. v. Sampley, 108 Ga. App. 617 (134 SE2d 71) it did not affirmatively appear that costs had not been paid, and this court indulged the presumption that the clerk of the trial court had done his duty and collected them nonetheless. Here there is an affirmative showing that no money was paid in prior to transmittal, countered by exhibits attached to…