Rollins v. J. C. Hickey Estate

The contention is that the proof in lieu of an appeal bond did not entitle the appellant, Lizzie Rollins, to prosecute the appeal, because such proof was not made before the court trying the case, and because the judgment appealed from was not- sufficiently described in the affidavit constituting the proof.

By the terms of the statute (article 2266) a party “unable to pay the costs of appeal, or give security therefor” is nevertheless entitled to prosecute an appeal if he makes “strict proof of his inability to pay the costs, or any part thereof.” Under some circumstances such proof may be…