Suarez v. Brown

OPINION

NYE, Justice.

On December 13, 1966, judgment was entered on behalf of the defendant in the district court. Plaintiff gave notice of appeal. The transcript and statement of facts were filed in this court. Prior to the submission of this appeal appellee filed a motion to strike the transcript and statement of facts and dismiss the appeal for want of jurisdiction of this court to consider the appeal.

The facts are undisputed. The appellant filed his affidavit in forma pauperis under Rule 355 Texas Rules of Civil Procedure on the twenty first day after the date of judgment. Rule 356 requires…