Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 14 of 64

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RULES OF THE SUPREME COURT

discretion, regard this brief as a proper presentation of the case,
without an examination of the record as contained in the transcript,
and may found its decision thereon, unless the appellee or
defendant in error shall, by the time of calling of the docket on
the fourth day-during which time he shall have the custody of
the transcript-file in the Supreme Court his brief, to be there kept
with the transcript, containing his objections, succinctly and definitely,
to the grounds of error as presented in the propositions of
appellant or plaintiff in error in his brief, taking up each of them
in order, and stating such other matters contained in the record,
in the mode prescribed for appellant and plaintiff in error, as may
sustain his objection to each; to which may be added propositions
of his own, supported by like statements of what is in the record,
so as to present his view of the case, citing the proceedings in
the transcript, with' the pages, when practicable, to which he
refers in his statements.
'41. Whatever of the statements of the appellant or plaintiff
in error in his brief is not contested, will be considered as acquiesced
in. To each of his said objections or propositions may be
annexed his authorities, cited in the order indicated for the brief
of appellant or plaintiff in error.
42. A copy of each brief, plainly written or printed, shall be
filed for each one of the justices of the Supreme Court.
43. When appellant or plaintiff in error has failed to prepare
the case for submission, by the omission of what is required
after bond or affidavit filed for appeal and for writ of error with
citation served, the appellee, on the second day of assignment or
afterwards, before the call of the docket onithe fourth day, may
file in the Supreme Court a brief in the manner required of the
appellant or plaintiff in error-except that his propositions will:
be shaped so as to show the correctness of the judgment, which
the court may, in its discretion, regard as a correct presentation
of the case, without examining the record further than to see
that the judgment is one that can be affirmed upon the view of
the case as presented by appellee or defendant in error. During
the time provided for filing his brief, he shall be entitled
to the custody of the record.
44. The appellee or defendant in error may submit the rec