Shelton v. Jarrell

LATTIMORE, Justice.

There are two appellees. The motion, which is also the affidavit, recited in part here pertinent: “Now comes the appellees ⅜ ⅜ * say that they and neither' of them are able to pay the costs of this appeal or any part thereof or to give security therefor.” It is signed “Milford and Jarrell, ap-pellees, by F. M. Milford.” And the jurat re*1092cites, as far as applicable: “Personally appeared E. M. Milford who says * * * that the facts therein stated are true and correct.”

Article 1866, R. S. (1925), provides: “If the party against whom the costs are adjudged shall make affidavit,”…