George v. American Credit Control, Inc.
| Decision Date | 22 September 1966 |
| Docket Number | No. 23619,23619 |
| Citation | 222 Ga. 512,150 S.E.2d 683 |
| Parties | Herbert S. GEORGE v. AMERICAN CREDIT CONTROL, ING., et al. |
| Court | Georgia Supreme Court |
J. L. Jordan, Atlanta, for appellant.
Adalbert Freedman, Marvin P. Nodvin, Atlanta, for appellees.
Syllabus Opinion by the Court
All costs shall be paid in the court below or the appellant shall make affidavit that he is unable to pay such costs before the clerk transmits the record to the appellate court. Code Ann. § 24-2729 (Ga.L.1963, p. 368). Formerly, in the event of delay, not the fault of the clerk but the fault of the plaintiff in error, writs of error were dismissed for failing to prepare the record and transmit the same to this court in the time required by law. See Code Ann. § 2-3705 ( and Code, § 6-1301 (Ga.L.1946, pp. 726, 741-repealed by Appellate Practice Act of (1965); Leak v. McDowell, 6 Ga. 264; Duke v. Trippe, 6 Ga. 317; Farrar v. Oglesby, 84 Ga. 188, 11 S.E. 133; Rutherford v. Tidwell, 103 Ga.App. 557, 120 S.E.2d 38; Spivey v. Nalley, 212 Ga. 810, 96 S.E.2d 260. Despite the repeal of Code, Ch. 6-13, as amended (dismissals-Ga.L.1965, pp. 18, 38), by the new appellate practice act, this act virtually states the same law in Code Ann. § 6-808 (Ga.L.1965, pp. 18, 28) and again follows the Constitution, by stating the cause shall not be dismissed if the clerk is unable to transmit the record within the time required by the statute (15 days) or when the judge grants an extension of time (Code Ann. § 6-804; Ga.L.1965, pp. 18, 21), and he shall attach his certificate attesting to the cause of the delay. The clerk did so in this case, showing a delay of 98 days caused by stress of work but with an additional delay of 70 days pending payment of the costs. The record shows that on January 31, 1966, a pauper's affidavit was held not to be good, and the appellant was ordered to make a supersedeas bond within three days. No bond has ever been made, but a delay of 70 days has occurred because the costs were not paid promptly when due. Justice delayed is often justice denied. This court seeks to uphold the laws and expedite its hearings and to make certain the administration of justice without delay. We must continue to conform to this practice. It follows that this case was not filed in this court in the prescribed time, nor is the delay tolled by operation of law. This court will not consider this appeal which represents a stale...
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Smith v. Bruce
...rather than to the clerk as an individual. See, Jacobs v. Shiver, 226 Ga. 284, 174 S.E.2d 415 (1970); George v. American Credit Control, Inc., 222 Ga. 512, 150 S.E.2d 683 (1966); Pickett v. Paine, 139 Ga.App. 508(1), 229 S.E.2d 90 (1976) and 15. While the Clerk of the Superior Court of Glyn......
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Continental Inv. Corp. v. Cherry
...that delay occasioned by appellant's failure to pay the costs to the trial clerk is ground for dismissal. George v. American Credit Control, Inc., 222 Ga. 512, 150 S.E.2d 683; Elliott v. Leathers, 223 Ga. 497, 156 S.E.2d 440; Vezzani v. Vezzani, 222 Ga. 853, 153 S.E.2d 161; Mutual Federal S......
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Picket v. Paine
...S.E. 133; Rutherford v. Tidwell, 103 Ga.App. 557, 120 S.E.2d 38; Spivey v. Nalley, 212 Ga. 810, 96 S.E.2d 260; George v. American Credit Control, Inc., 222 Ga. 512, 150 S.E.2d 683; Vezzani v. Vezzani, 222 Ga. 853, 153 S.E.2d 161; Pippins v. Securities Inv. Co., 223 Ga. 812, 158 S.E.2d 2. Ap......
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Buffalo Holding Co. v. Shores, 46093
...established under the new Appellate Procedure Act on the basis of Constitutional authority and court rules, in George v. American Credit Control, Inc., 222 Ga. 512, 150 S.E.2d 683 where it was held that an additional 78 day delay in paying costs following a 90 day delay on the part of the c......