Gates v. Union Terminal Co.

On Motion for Rehearing.

JONES, C. J.

On a former date, this court overruled a motion to dismiss the appeal because appellant had not made proof of his inability to pay the cost of appeal or to give security therefor, under the terms of article 2266, R. S. 1925. Appellees have filed a motion for rehearing, in which it is claimed that the decision of this court is contrary to former decisions of the Supreme Court, and of the Courts of Civil Appeals.

This contention arises from the following facts: Appellant, as plaintiff, filed the suit in the district court of Dallas county, Tex., against…