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Rule 334. Appeal on Affidavit (1962)

TEXT

Where the party desiring to appeal is unable to give the appeal bond or make the deposit required by Rule 333, he shall be entitled to prosecute an appeal by filing with the county clerk, within ten days from the date of rendition of the decision, order, decree or judgment appealed from, an affidavit stating that he is unable to deposit the amount fixed by the county judge, or any part thereof, or give security therefor. The appellant or his attorney shall forthwith give notice of the filing of such affidavit to the opposing party or his attorney. The affidavit shall be subject to contest filed within five days after the giving of such notice, and all of the provisions of Rule355 shall apply to the extent that they are not inconsistent with the provisions of this Rule 334.

Note, Rule 334 formerly dealt with the transmission of papers to the district clerk in appeals involving estates of decedents. Its source was Art. 3701. Amended by order of April 12, 1962, eff. Sept. 1, 1962, Rules 332 to 339, inclusive, are rewritten and rearranged to establish uniform procedures applicable to appeals in both estate and guardianship proceedings. The provisions of Rule 334 are adapted from Rule 355. Previous notes regarding original Rule 334 and the 1943 amendment thereto have been deleted.