Spain v. Murry

This is a case which was originally instituted in a justice court in Gunnison county. There was, in that court, a judgment for defendant, W. S. Spain, and the costs were taxed against the plaintiff, Joe Murry. The plaintiff then attempted to take an appeal to the county court. He paid no costs, but filed an affidavit with the justice of the peace wherein he alleged that he is a poor person. It is stated in the briefs, though it does not appear in the record, that a similar affidavit was filed in the county court. The record shows that the county court permitted plaintiff to prosecute an…