Appellate courts lack jurisdiction to review case where section not complied with.

- Court of Appeals is without jurisdiction to review case when costs are not paid and no affidavit meeting requirements of section is filed by plaintiff in error. Carson v. Automobile Financing, Inc., 96 Ga. App. 336, 99 S.E.2d 903 (1957).

All attorneys representing plaintiff in error are bound jointly and severally for costs.

- All attorneys representing plaintiff in error, as well those heard orally or by briefs as those signing bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50), are jointly and severally bound for costs, save where pauper affidavit is filed in clerk's office of court below, and certified copy thereof is transmitted to court with and as part of transcript of record, or, if no transcript is required, with bill of exceptions. Burke v. Seaboard Air Line Ry., 46 Ga. App. 488, 168 S.E. 90 (1933).

Transmission of certified copy of pauper's affidavit.

- Where certified copy of pauper affidavit which was filed in clerk's office of lower court was filed on same date that bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50) and transcript of record were filed in court, and certified copy of pauper affidavit was not transmitted to court until some days after bill of exceptions and transcript of record were filed in court, and was therefore not transmitted with and as a part of transcript of record, plaintiff in error is not relieved from payment of cost. Burke v. Seaboard Air Line Ry., 46 Ga. App. 488, 168 S.E. 90 (1933).

Where next friend institutes suit, pauper's affidavit must assert next friend's indigence.

- Where suit is instituted on behalf of infant by next friend, next friend is primarily liable for costs, hence affidavit prescribed by section must assert inability of next friend to pay costs. Carson v. Automobile Financing, Inc., 96 Ga. App. 336, 99 S.E.2d 903 (1957).

If harm from lost transcript, new trial.

- The loss of transcripts and tapes from certain pretrial proceedings did not entitle the defendants to a new trial, as they did not prove harm resulting from the loss. Robinson v. State, 221 Ga. App. 865, 473 S.E.2d 519 (1996).

Cited in Hall v. Hall, 185 Ga. 502, 195 S.E. 731 (1938); Pilgrim Health & Life Ins. Co. v. Lee, 78 Ga. App. 713, 51 S.E.2d 875 (1949); Miller v. Grand Union Co., 250 Ga. App. 751, 552 S.E.2d 491 (2001).

C.J.S.

- 4 C.J.S., Appeal and Error, § 427 et seq.

ALR.

- Right to sue or appeal in forma pauperis as dependent on showing of financial disability of attorney or other nonparty or nonapplicant, 11 A.L.R.2d 607.

What costs or fees are contemplated by statute authorizing proceeding in forma pauperis, 98 A.L.R.2d 292.

What constitutes "fees" or "costs" within meaning of Federal Statutory Provision (28 USCS § 1915 and similar predecessor statutes) permitting party to proceed in forma pauperis without prepayment of fees and costs or security therefor, 142 A.L.R. Fed 627.