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McCARTNEY v. MEAD

No. 16757.

541 S.W.2d 202 (1976)

Gertrude Luetta McCARTNEY, Relator, v. Hon. Herman W. MEAD, Judge, Court of Domestic Relations No. 2, Harris County, Texas, Respondent.

Court of Civil Appeals of Texas, Houston (1st Dist.).

August 12, 1976.

Attorney(s) appearing for the Case

L. A. Greene, Jr., Houston, for appellant.

Joe Resweber, County Atty., Bradley Seals, Asst. County Atty., Houston, for appellee.

EVANS, Justice.

This original proceeding for mandamus was brought by Relator, Gertrude Luetta McCartney, to compel the Honorable Herman W. Mead, Judge of the Court of Domestic Relations No. 2, Harris County, Texas, to approve relator's affidavit of inability to pay costs of appeal.

Rule 355, Texas Rules of Civil Procedure provides:

"(a) When the appellant is unable to pay the costs of appeal or give security therefor, he shall be entitled to prosecute...

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