Smirl v. Globe Laboratories, Inc.

BOND, Chief Justice.

This is an attempted appeal in forma pauperis. The right to appeal without giving bond, where appellant is unable to pay the costs of appeal or give security therefor, has been recognized by statute, Art. 2266, R.S., and'is promulgated with substantial procedural changes in Texas Rules of Civil Procedure, Rule 355; but in order to avail himself of this right, appellant, within twenty days after judgment or order overruling motion for new trial, must file with the clerk of the court an affidavit stating his inability to pay the costs or any part thereof, or to give security…