Edwards v. Middleton

TEMPLETON, Associate Justice.

This is an appeal from a judgment overruling a motion to set aside an order dismissing the cause for failure to comply with the rule for costs.

The suit of plaintiffs, which was in the form of an action of trespass to try title, was filed on August 24, 1900. At the time the petition was filed the attorneys for the plaintiffs, who lived at Fort Worth, sent the clerk of the court a check for $10 as a deposit on the costs and notified him that they- would make further deposits from time to time as demanded. The clerk made no demands for further deposits, and on…