Cole v. Roach

The affidavit of the inability of the appellant to give security for costs appears to be in compliance with the act of the 12th Legislature, approved May 3d, 1871, which act provides that such affidavit “ shall operate a perfection of the ap- “ peal in respect to the matter of costs.” The motion to dismiss the appeal is therefore overruled.

This suit was brought against the appellant for a balance due for the rent of a certain farm, and for damages for the wrongful destruction and carrying off certain property belonging to said farm. The defendant, having received his discharge in bankruptcy,…