1. The motion to dismiss is denied.

2. The court erred in sustaining the general demurrer to the petition.

Moore Ford Co. brought an action as the conditional sale vendor of an automobile against John T. Cambron, III, the vendee, for a deficiency judgment after having exercised its power of sale under the contract. The amended petition alleges that the contract was assigned by plaintiff to Universal CIT Credit Corp. on the date of its execution, November 27, 1965, and reassigned to plaintiff effective February 1, 1966; that defendant defaulted on the contract on January 10, 1966; and that the automobile was repossessed by the defendant on January 13, 1966, and subsequently sold. The plaintiff appeals from the judgment sustaining the renewed general and special demurrers to the petition as amended.

1. The motion to dismiss, on the ground that appellant had not paid all costs or filed a pauper's affidavit prior to the timely transmission of the record, is denied. See City of Atlanta v. Akins, 116 Ga. App. 230 (1) (156 SE2d 665); American Cas. Co. v. Smith, 116 Ga. App. 332 (1).

2. The petition as amended shows that the plaintiff exercised its power of sale prior to the effective date of the reassignment of the contract to it. Whether this action may have constituted a trespass, as contended, the question could only be raised by a plea. The petition states a cause of action against the defendant on account of his default on the contract, regardless of who had the power to foreclose. The remaining demurrers are without merit.

The court erred in its judgment sustaining the renewed general demurrer to the petition as amended.