Graves v. Horn

GAINES, Chief Justice.

A judgment having been rendered against the applicant for the writ of error in this case in the District Court, he gave notice of appeal, and sought to perfect his appeal by filing during the term, in the office of the clerk of the court, an affidavit, made before such clerk, of his inability to pay or give bond for the costs. A motion was made in the Court of Civil Appeals by the appellee to dismiss the appeal, upon the ground that the appellant had neither filed an appeal bond nor made proper proof of his inability to pay or 'secure the costs; and upon hearing, the…