Stewart v. Heidenheimer Bros.
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. A. J. Booty. Article 1401 of the Revised Statutes provides, “Where the appellant or plaintiff in error is unable to pay the costs of appeal, or give security therefor, he shall nevertheless be entitled to prosecute his appeal; but in order to do so, he shall be required to make strict proof of his inability to pay the costs, or any part thereof.
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Appeal from Henderson. Tried below before the Hon. A. J. Booty. Article 1401 of the Revised Statutes provides, “Where the appellant or plaintiff in error is unable to pay the costs of appeal, or give security therefor, he shall nevertheless be entitled to prosecute his appeal; but in order to do so, he shall be required to make strict proof of his inability to pay the costs, or any part thereof. Such proof shall be made before the county judge of the county where such party resides, or before the court trying the case, and shall consist of the affidavit of said party stating his inability to…
1Opinion of the Court
Gould, Chief Justice.
This was an attachment, suit on an account, and resulted in a judgment against the defendant Stewart, rendered at a term of the district court o.f Rusk county, ending February 12, 1881. On February 21, 1881, when eleven days yet remained during which his appeal might be perfected, Stewart made affidavit before the county judge of Rusk county that he was unable to pay the costs which had accrued in the district court, and which might thereafter accrue in that and the supreme court in the prosecution of his appeal. The county judge in attesting this affidavit added: “and I…
2Cases cited1 opinion
- Wooldridge v. RollerTexas Supreme Court · 1880
3Cited by14 opinions
- Graves v. HornTexas Supreme Court · 1895
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- Smith v. Buffalo Oil Co.Texas Supreme Court · 1905
- Clark v. BrileyCourt of Appeals of Texas · 1916
- Phillips v. PhillipsCourt of Appeals of Texas · 1918
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