Emerson v. Missouri, Kansas & Texas Railway Co.

BOOKHOUT, Associate Justice.

This is a motion to affirm on certificate. At a former day of the term the motion was sustained, without written opinion. A motion for rehearing has been filed, and a request made that, in the event the motion is not sustained, we reduce our conclusions of law and fact to writing, and in compliance with this request we file the following conclusions:

We find all the facts as set out in the certificate for affirmance.

It is insisted that the appeal was never perfected in that it does not appear that J. W. Emerson made strict proof of his inability to pay the costs on…