Sidoti v. Rapid Transit Railway Co.

TALBOT, Associate Justice.

Plaintiff in error filed no writ of error bond, but undertook to perfect his writ of error to this court by filing an affidavit under the statute in lieu of such bond. Defendant in error moves to dismiss the writ on the ground that plaintiff in error’s proof of his inability to pay costs or give security therefor was not made before the court trying the case, nor before the county judge of the county of his residence.

Upon an inspection of the record .we find his affidavit to be in proper form and sworn to by him before the clerk of the District Court of Dallas…