
    DeLoach v. Richards.
    The plaintiff in error not having paid the costs in this court, and the affidavit sent up with the record not conforming in terms to the act of September 27th, 1881 (Code, £4263), and counsel not having appeared in person when the case was called for argument, and not having sent up money with which to pay the costs, the writ of error is dismissed. Harris v. Harrold, Johnson & Co., 74 Ga. 410.
    April 9, 1894.
    Argued at the last term.
    A rule absolute was granted against a constable for failing to make the money upon levy of a distress warrant. He excepted, and instead of making the usual affidavit in forma pauperis, he swore “ that because of his poverty he is unable to pay the cost in the above stated case.” The head-note states the other facts.
    J. J. Bull, by brief, for plaintiff' in error.
   Writ of error dismissed.  