Newburg v. Spinhirne

Defendant in error has filed his motion to strike the record herein for the reason that the affidavit in lieu of a bond is not sufficient and same does not show that said F. J. New-burg is or was at the time a resident of Old-ham county, Tex., and to ascertain that fact search has to be made further into the record, and such affidavit is not made in accordance to the law in such case and does not show the proper proof was made as required in the county of his residence.

Buie 8 for the Courts of Civil Appeals requires that all such motions which relate to informalities in the manner of bringing…