Fuentes v. Garcia

Court of Appeals of Texas

Fuentes v. Garcia

67 S.W.2d 904

CourtCourt of Appeals of Texas

DecidedJanuary 24, 1934

DocketNo. 9237.

StatusPublished

This text of 67 S.W.2d 904 (Fuentes v. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuentes v. Garcia, 67 S.W.2d 904 (Tex. Ct. App. 1934).

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Opinion

SMITH, Justice.

This is an attempted appeal from an interlocutory order sustaining a contest of appellants’ application to be permitted to appeal to this court upon an affidavit of inability to pay the costs of appeal or give security therefor, as provided in articles 2266 and 2278a (Vernon’s Ann. Civ. St.).

The proceeding to procure appeal upon a pauper’s affidavit is a special statutory one, and no rights arise therefrom except such as are specifically provided in the statute. The right of appeal from an order denying appeal upon such affidavit is not provided in the statute, and therefore cannot be invoked here.

The appeal is accordingly dismissed.

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SMITH, Justice.

This is an attempted appeal from an interlocutory order sustaining a contest of appellants’ application to be permitted to appeal to this court upon an affidavit of inability to pay the costs of appeal or give security therefor, as provided in articles 2266 and 2278a (Vernon’s Ann. Civ. St.).

The proceeding to procure appeal upon a pauper’s affidavit is a special statutory one, and no rights arise therefrom except such as are specifically provided in the statute. The right of appeal from an order denying appeal upon such affidavit is not provided in the statute, and therefore cannot be invoked here.

The appeal is accordingly dismissed.

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Bluebook (online)

67 S.W.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuentes-v-garcia-texapp-1934.