Lambert v. Western Union Telegraph Co.

OPINION ON MOTION EOR REHEARING.

KEY, Associate Justice.

Having entered a judgment reversing and remanding this cause, appellee has filed a motion asking that said judgment be set aside, and the appeal dismissed upon the ground that this court has never acquired jurisdiction.

Appellant filed no appeal bond, but undertook to comply with article 1401 of the Revised Statutes, prescribing the manner in which cases may' be appealed when the parties are unable to pay the costs, or give security therefor. The record shows that an affidavit showing inability to pay or secure the costs was filed with the…