Graves v. Horn

• Decision Date: 20 December 1895
• Parties: GRAVES v. HORN.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

33 S.W. 303

GRAVES v. HORN.¹

Court of Civil Appeals of Texas.

December 20, 1895.

Appeal from district court, Wichita county.

Action between C. E. Graves and Henry Horn. From a judgment for the latter, Graves appeals. Dismissed.

Hodges & Ofield, for appellant. J. H. Cobb, for appellee.

PER CURIAM.

This appeal was dismissed because no sufficient proof was made, as required by law, of the appellant's inability to pay or secure the costs. The proof consisted merely of an affidavit to that effect filed with the clerk of the district court trying the case during the term at which the case was tried. It does not appear that it was called to the attention of the court, or that any action was taken thereon. Feeling constrained by the previous decisions of our supreme court in the construction of this statute, we concluded that the proof was insufficient. Warren v. Wooters, 52 Tex. 570; Woolridge v. Roller, Id. 451; and subsequent cases.

HUNTER, J., not sitting.

1. For opinion of supreme court, see 33 S. W. 322.