Roby v. Hawthorne

LOONEY, Justice.

After having been reversed and remanded ([Tex. Civ. App.] 77 S.W.(2d) 923), this cause took the usual route to the Supreme Court, where on February 13, 1935, appellee’s application for writ of error was dismissed, but the mandate of this court has not yet issued.

Appellee now moves the court to retax the costs and eliminate from the cost bill the official court reporter’s fee of $726 for preparing transcript of the evidence. The position of appellee is that the case having been appealed in forma pauperis and the statement of facts having been prepared by the official court…