Pendley v. Berry & Towles

WILLIAMS, Associate Justice.

The Court of Civil Appeals for the First District has certified for decision the following questions:

“There is pending in this court, in the above entitled cause, a motion to dismiss the appeal allowed by the District Court upon the affidavit of the appellant that she was unable to pay the costs of appeal, because said affidavit was duly contested, and the order of the court allowing the appeal shows that the appellant was able to pay as much as $40 of the costs of the appeal, but the court allowed the appeal without requiring the payment or deposit of said amount.…