Smirl v. Globe Laboratories, Inc.

Rule 355, Texas Rules of Civil Procedure, provides in part as follows:

“(a) When the appellant is unable to pay the costs of appeal or give security therefor, he shall be entitled to prosecute an appeal by filing with the clerk his affidavit stating that he is unable to pay the costs of appeal or any part thereof, or to give security therefor.

“ (b) The clerk shall forthwith give notice of the filing of such affidavit to the opposing party or his attorney.

“(c) Any interested officer of the court or party to the suit, may contest the affidavit within ten days after the giving of such notice…