Guetersloh Grain, Inc. v. Wright

COUNTISS, Justice.

This original mandamus proceeding requires us to determine when, under Rule 355, 1 the allegations of an affidavit of inability to pay costs must be taken as true. We have concluded that Relator’s allegations were required to be taken as true when the trial court did not rule on the contest of the affidavit within ten days after the contest wa3 filed.

On March 24, 1981, a final judgment was rendered against Relator in Cause No. 100791 in the 137th District Court of Lubbock County, Texas. On April 7, 1981, Relator filed various instruments preparatory to an appeal of the…