Lewis v. Texas & Pacific Railway Co.

WILLSON, Chief Justice.

—This suit was brought and prosecuted in the District Court of Red River County by Charley Lewis, a minor eleven years of age, by his next friend, James Jackson. A trial resulted in a verdict and judgment in favor of the appellee. Appellant gave notice of an appeal, and, in lieu of a bond, is prosecuting same on an affidavit showing his inability to pay the costs of an appeal or to give security therefor, as provided by art. 1401, Sayles’ Stat. The case is now before us on a motion made by appellee to dismiss the appeal on the ground that the affidavit in lieu of a bond…