Sinclair Refining Co. v. Tompkins

The appellee obtained a judgment against appellant, which was reversed for error in the trial, with costs of appeal against appellee. Sinclair Refining Co. v. Tompkins, 5 Cir., 117 F.2d 596. Judgment for these costs was entered on entering the mandate in the District Court, and remains unpaid. Appellant moved the District Court to stay further proceedings until appellee should pay this judgment. Appellee moved to be allowed to proceed in forma pauperis, making an affidavit pursuant to the statute. 28 U.S.C.A. § 832. Appellant challenged the affidavit as untrue and moved a dismissal of the…