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GUETERSLOH GRAIN, INC. v. WRIGHT

No. 9364.

618 S.W.2d 135 (1981)

GUETERSLOH GRAIN, INC., Relator, v. Honorable Robert C. WRIGHT, District Judge of the 137th Judicial District Court of Lubbock County, Texas and Verna Boyd, District Clerk of Lubbock County, Texas, Respondents.

Court of Civil Appeals of Texas, Amarillo.

June 10, 1981.

Attorney(s) appearing for the Case

Harold Phelan, Phelan, Moreland & Phelan, Levelland, for relator.

J. R. Blumrosen, Blumrosen & McDonald, Lubbock, for respondents.

COUNTISS, Justice.

This original mandamus proceeding requires us to determine when, under Rule 355,1 the allegations of an affidavit of inability to pay costs must be taken as true. We have concluded that Relator's allegations were required to be taken as true when the trial court did not rule on the contest of the affidavit within ten days after the contest was filed.

On March 24, 1981, a final judgment was rendered against Relator...

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