Williams v. Maynard

O’QUINN, Justice.

Relators seek relief by mandamus in connection with their appeal from a final judgment in a cause tried in the 21st District Court of Bastrop County. 1

Under their fourth and final point of error Relators contend that the district judge abused his discretion in affirming the contest of Relators’ affidavit in lieu of costs filed pursuant to Rule 355, Texas Rules of Civil Procedure, and in not affirming Re-lators’ affidavit of inability to pay costs of appeal.

Upon the hearing of a contest under Rule 355, the burden of proof rests upon the appellant to sustain the allegations of…