Legal Opinion

Aetna Casualty & Surety Co. v. Sampley

Court of Appeals of Georgia

Decided October 23, 1963No. 40396PublishedCited by 10 opinions

1Opinion of the Court

Eberhardt, Judge.

There is a motion to dismiss predicated on Ga. L. 1963, p. 368, amending Code § 24-2729. The 1963 Act provides that appellant “shall” pay all costs to the clerk “before the [case] shall be transmitted” unless there is a pauper’s affidavit. There is neither a certificate of payment nor a pauper’s affidavit in the record. The clerk, like other public officials, is presumed to have performed his duty at the time and in the manner prescribed by law, Fine v. Dade County, 198 Ga. 655, 663 (32 SE2d 246), Steele v. Steele, 203 Ga. 505, 508 (46 SE2d 924), Bingham v. Citizens &c. Nat.…

2Cases cited25 opinions

  1. Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
  2. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  3. New York Underwriters Insurance v. NolesCourt of Appeals of Georgia · 1960
  4. Beadles v. BowenCourt of Appeals of Georgia · 1962
  5. Reserve Insurance Co. v. CampbellCourt of Appeals of Georgia · 1963

20 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. City of Atlanta v. AkinsCourt of Appeals of Georgia · 1967
  2. GMAC Mortgage Corp. v. BongiornoCourt of Appeals of Georgia · 2006
  3. Modestino v. Allstate InsuranceCourt of Appeals of Georgia · 1972
  4. Beard v. Calvert Fire InsuranceCourt of Appeals of Georgia · 1966
  5. Rogers v. International Mineral & Chemical Corp.Court of Appeals of Georgia · 1969

5 more not listed; retrieve them via the Exa API.

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