Wyatt v. Jeffries

Decided July 1, 1875

Texas Supreme Court · decided 1875-07-01

Tried below before the Hon. W. H. Andrews. Wyatt, the appellant, sought to perfect his appeal by the following affidavit, instead of an appeal bond : Wm. Wyatt, vs. H. L. and E. Jeffries. In the District Court of Collin County, Texas. “ Personally appeared before the undersigned authority William Wyatt, plaintiff herein, who upon oath says that he is unable to give the bond and security for costs as is provided by law for an appeal to the Supreme Court. “ Wm.

Decided 1875-07-01

Gould, Associate Justice.

¶1The affidavit by appellant that he is unable to give the bond and security for costs *155purports to have been made before the clerk of Columbia county, Arkansas, who affixed the seal of the “Board of Supervisors” as his seal of office. There is no law of this State authorizing such an afficer to administer oaths, and the instrument is not an affidavit within the meaning of the statute. (Shelton v. Berry, 19 Tex., 154, Bouv. L. Dict., Affidavit.) The motion to dismiss is sustained.

¶2Dismissed.