Hearne v. Prendergast

Willie, Chief Justice.—

Our statutes provide that, where an appellant is unable to pay the costs of an appeal or give security *628therefor, he may be allowed to prosecute the appeal' by making strict proof of bis inability to pay the costs or any part thereof. This proof' is to be made before the county judge of the county '■'where such party resides or before the court trying the case, and is ■ to consist of the affidavit of the party, stating his inability to pay the costs. R. S., art. 1401.

' The law does not in positive terms require that the affidavit shall be made and sworn to before the…