O'BRIEN v. Gibbs

GUITTARD, Chief Justice.

In this original mandamus proceeding our principal question is whether a divorced wife may perfect an appeal from a divorce decree by filing an affidavit of inability to pay or give security for the costs on appeal under rule 355 of the Texas Rules of Civil Procedure when the decree has allotted to her property that is clearly greater in value than the amount of the expected costs. The trial court sustained a contest of the affidavit, and the writ is sought to require the court to set aside that order and overrule the contest. We hold that the court did not abuse its…