Heard v. Pearman

The foregoing petition having been considered, we are of the opinion that the motion for leave to file should be denied. In order for an applicant to be entitled to the writ prayed for, it is necessary that the petition therefor should show every fact necessary to entitle him to the relief sought. City of Amarillo v. Slayton & Co. (Tex. Civ. App.) 208 S. W. 967, and authorities therein cited.

The alleged errors of the trial court in refusing to retax costs, and in denying the relator’s right to prosecute the suit below upon the affidavit of inability to pay costs, can only be reviewed by us…