Rodgers v. Alexander

Citations

• 35 Tex. 116

Syllabus

<p>1. Mandamus will issue from this court to compel a district clerk to make: out and deliver a transcript for appeal or writ of error, when he is in. default hy failing so to do.</p> <p>2. The act of May 3, 1871, “for the protection of poor .'persons in cases-of appeal in civil suits ” (Acts of 1871, p. 74), is applicable as well to-cases brought up hy writ of error, as by appeal. The writ of error is only a mode of appeal.</p> <p>3. The act of 1871, above referred to, is applicable to judgments of the-District Courts rendered before its enactment as well as to those-rendered since ; and this construction does not render the act retrospective in a sense obnoxious to the Constitution.</p>