O'BRIEN v. GIBBS

No. 19386.

555 S.W.2d 199 (1977)

Frances W. O'BRIEN v. Dan GIBBS et al.

Court of Civil Appeals of Texas, Dallas.

August 11, 1977.


Attorney(s) appearing for the Case

Jack B. Cowley, Carter, Jones, Magee, Rudberg, Moss & Mayes, Dallas, for appellant.

Reagan M. Martin, Dallas, for appellees.


GUITTARD, Chief Justice.

In this original mandamus proceeding our principal question is whether a divorced wife may perfect an appeal from a divorce decree by filing an affidavit of inability to pay or give security for the costs on appeal under rule 355 of the Texas Rules of Civil Procedure when the decree has allotted to her property that is clearly greater in value than the amount of the expected costs. The trial court sustained a contest of the affidavit, and...

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