Robinson v. Robinson

Appellee has filed a motion to dismiss the appeal in this case for the insufficiency of the affidavit by appellant in lieu of a bond for cost. In the motion several grounds are urged, some of which we consider sufficient to require us to sustain it.

There can be no question but that appellant has her right of appeal upon an application in proper form, showing her inability to pay costs or to give security therefor. Article 2266, Rev.Civ.Statutes, as now amended (Vernon's Ann.Civ.St. art. 2266).

However, the affidavit in lieu of appeal bond must describe the judgment appealed from with the same…