Prestige v. Prestige

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

Tried below before the Hon. R. A. Reeves. Hannah Prestige brought suit in the District Court against Obadiah Prestige. Defendant filed a motion to require the plaintiff to give security for the costs, and the plaintiff making the affidavit prescribed by the statute, that she was too poor to pay the fees of office, and on account of her poverty was unable to give security for the costs, was permitted to prosecute her cause without security.

Cited by 1 later decisions — most recently May 1920

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

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Roberts, J.

¶1There is no appeal bond and appellee, on this account, moves to dismiss the appeal. In the record is found an affidavit of the appellant, that she is too poor to give an appeal bond. The statute under which this affidavit is made applies to proceedings in the District Court, and not in the Supreme Court. (O. & W. Dig., Art. 521.) The statutes regulating appeals and *586writs of error to the Supreme Court, require a bond for costs at least, in all cases without any exception. (O. & W. Dig., Arts. 551, 557.) This has been so held by this court previously. (A case from San Augustine District Court at Tyler, ’58 or ’59. Holloway v.-.) -Appeal must be dismissed.

¶2Appeal dismissed.