Opinion
No. 2073.
December 6, 1940.
Appeal from Special District Court, Rusk County; Paul G. Brown, Judge.
Action by Leuvinia Williams and husband against Charley Garrett. From an adverse judgment, defendant appeals. Defendant filed affidavit of inability to pay costs in lieu of appeal bond.
Affirmed.
James E. Faulkner, of Henderson, for appellant.
Joe C. Gladney and J. M. Burns, Jr., both of Henderson, for appellees.
From a judgment in the trial court in favor of the plaintiffs (Leuvinia Williams joined pro forma by her husband, R. W. Williams) the defendant Charley Garrett appeals by virtue of an affidavit of inability to pay costs in lieu of a regular appeal bond. Neither litigant has briefed the case in this court. We have examined the record for fundamental error and, finding none, the judgment of the trial court is affirmed on the authority of Haynes v. Radford Groc. Co., 118 Tex. 277, 14 S.W.2d 811. It is so ordered.