Ruling considered final.

- Ruling of the trial court on all issues of fact concerning ability of the party to pay costs or give bond is final and is not subject to review. Grace v. Caldwell, 231 Ga. 407, 202 S.E.2d 49 (1973); Williams v. State, 147 Ga. App. 632, 249 S.E.2d 694 (1978); Bray v. State, 152 Ga. App. 404, 263 S.E.2d 184 (1979).

Failure to show inability to pay.

- Since the appellant has $74.11 on deposit with the state prison and there was no restriction on the appellant's withdrawing the appellant's money, the court properly found that the appellant was not relieved of the necessity of paying the $20.00 costs of filing a habeas corpus motion as the appellant failed to show that because of poverty the appellant was unable to pay the costs. Whitus v. Caldwell, 229 Ga. 604, 193 S.E.2d 613 (1972).

In order to relieve the plaintiff in error from payment of costs in the Supreme Court, it is necessary that a proper pauper affidavit shall be filed with the clerk of the trial court before the bill of exceptions (see now O.C.G.A. §§ 5-6-49 and5-6-50) and transcript of the record are transmitted to this court. New York Life Ins. Co. v. Hartford Accident & Indem. Co., 181 Ga. 55, 181 S.E. 755 (1935).

When trial judge's impartiality in question.

- Remarks made by a trial judge which clearly indicate that the judge had formed an opinion that the defendant should not be allowed a free transcript based on the defendant's pauper's affidavit under O.C.G.A. § 9-15-2, prior to a hearing on the issue, reasonably places in question the trial judge's impartiality on the issue; and it is error for the judge to fail to recuse oneself and to hear and decide the cases. Ferry v. State, 147 Ga. App. 642, 249 S.E.2d 692 (1978).

Justice of peace should be disqualified.

- Since a justice of the peace has a direct financial interest in whether or not a party must pay court costs, the justice of the peace should be disqualified from deciding the truthfulness of a pauper's affidavit filed in that court, unless such disqualification is waived. Taylor v. Public Convalescent Serv., 245 Ga. 805, 267 S.E.2d 242 (1980).

Error in denial of motion to proceed in forma pauperis on appeal is moot when record is transferred for consideration on appeal. Taylor v. Public Convalescent Serv., 245 Ga. 805, 267 S.E.2d 242 (1980).

It is error, in absence of traverse affidavit, to deny motion to proceed in forma pauperis. Martin v. State, 151 Ga. App. 9, 258 S.E.2d 711 (1979), cert. denied, 454 U.S. 833, 102 S. Ct. 133, 70 L. Ed. 2d 112 (1981).

When defendant is out on bond.

- It is error to require the defendant, who had filed a pauper's affidavit, to pay the cost of the original transcript without any hearing thereon simply because the defendant was out on bond. Clay v. State, 122 Ga. App. 677, 178 S.E.2d 331 (1970).

Cited in Samples v. Samples, 107 Ga. App. 478, 130 S.E.2d 504 (1963); Harper v. Burgess, 225 Ga. 420, 169 S.E.2d 297 (1969); Hubbard v. Farmers Bank, 153 Ga. App. 497, 265 S.E.2d 845 (1980).

Probate court costs.

- Purpose of statutory provisions allowing indigent persons relief from the filing of deposits such as Ga. L. 1955, p. 584, §§ 1 and 2 and former Code 1933, §§ 24-716 and 24-1716.1 (see now O.C.G.A. §§ 9-15-2,15-9-60, and15-9-61) was to provide an indigent access to the courts, and it did not appear that the General Assembly intended to permanently relieve a litigant from responsibility to pay any probate court costs regardless of the litigant's ultimate ability to pay such costs; accordingly, a party allowed to proceed in forma pauperis without the filing of such an advance cost deposit could be required to pay court costs if the party later became able to pay those costs by virtue of receipt of estate funds through probate proceedings. 1978 Op. Att'y Gen. No. U78-48.

ALR.

- Necessity of attorney on contingent fee making pauper's oath in support of suit in forma pauperis, 33 A.L.R. 731.

Right of indigent to proceed in marital action without payment of costs, 52 A.L.R.3d 844.

What constitutes order made pursuant to state domestic relations law for purposes of qualified domestic relations order exception to antialienation provision of Employee Retirement Income Security Act of 1974 (29 USCS § 1056(d)), 79 A.L.R.4th 1081.