Texas & P. Ry. Co. v. Heathington

SPEER, Justice.

This case was before us on appeal and our opinion reversing and remanding it for another trial is reported in 115 S.W.2d 495.

The appellee has filed a motion asking for the issuance of mandate without payment of accrued costs; the motion is accompanied by what purports to be an affidavit by him to the effect that he is unable to pay the costs or any part thereof, nor to give security therefor.

The motion is contested by appellant upon three grounds. They are: (1) The purported affidavit filed by appellee is not an affidavit at all and does not meet the requirements of the…