Employers' Fire Insurance v. Pennsylvania Millers Mutual Insurance

Eberhardt, Judge.

A motion to dismiss has been filed on the ground that the record was not timely filed with this court. It is asserted that the certificates of the clerk of the trial court show that the delay was caused by failure of appellant to pay the costs until the last day of the twenty-day period allowed the clerk to prepare and transmit the record under § 12 (a) of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 28, as amended by Ga. L. 1966, pp. 493, 497; Code Ann. § 6-808 (a)).

Assuming that appellant was required to pay the costs at some date earlier than the 20th day after…