Appellee has filed a motion to dismiss the appeal in this case for the insufficiency of the affidavit by appellant in lieu of a bond for cost. In the motion several grounds are urged, some of which we consider sufficient to require us to sustain it.
There can be no question but that appellant has her right of appeal upon an application in proper form, showing her inability to pay costs or to give security therefor. Article 2266, Rev.Civ.Statutes, as now amended (Vernon’s Ann.Civ.St. art. 2266).
However, the affidavit in lieu of appeal bond must describe the judgment appealed from with the same degree of certainty as is required in appeal bonds. We also think the better practice would require that the affidavit show the nature of the judgment rendered from which an appeal is taken, and it being shown, that notice thereof was given at the proper time after due exceptions taken. Rollins v. Hickey Estate (Tex.Civ.App.) 30 S.W.(2d) 599; McBride v. Freeman (Tex.Civ.App.) 36 S.W.(2d) 610; Demonet v. Jones (Tex.Civ.App.) 42 S.W. 1033; Davis v. National Bond & Mortgage Corp. (Tex.Civ.App.) 45 S.W.(2d) 272.
The appellant has the right to amend the affidavit within ten days from date of notice of the sustaining of a motion to dismiss for defects therein, and we here hold that unless appellant shall have filed an amended affidavit in proper form within ten days' from notice hereof, an order of this court will at that time be entered dismissing the appeal. Article 2266, Rev.Civ.Statutes, as amended.