The Laws of Texas, 1822-1897 Volume 2 Page: 1,697
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Laws of the State of Texas.
391
thereto, all of which shall be filed by the clerk, and constitute
a part of the records of the case, subject to revision
for error by the supreme court, in the same manner
as if a regular bill of exceptions had been .signed.
Sec. 101. Whenever, in the progress of a cause, or of
the trial thereof, either party is dissatisfied with a decision
or opinion of the court, he may except thereto,
and on reducing his exceptions to writing and presenting
them to the judge for allowance, the judge shall
allow and sign his name to the same if they be true,
and if he refuses to do so, he shall certify in writing
therein, the cause of such refusal. If any judge shall
refuse to sign a bill of exceptions, such bill may be
signed by three by-standers who are reputable inhabitants
of the State, and the court shall permit such
bill to be filed; and every bill of exceptions signed by
the judge or by-standers, and filed in the court, shall
form a part of the record in the cause in which the same
may be filed.
Sec. 102. When any judge shall refuse to permit a
bill of exceptions, signed by by-standers, to be filed, and
shall have certified such bill to be untrue, either party
in the suit may take affidavits, giving the adverse party
notice of the time and place of taking such affidavits,
not exceeding five in number, in relation to its truth;
and such affidavits, when taken, shall be filed in the
clerk's office within five days after the trial of the suit,
and on appeal or writ of error, copies of such affidavits
shall be annexed to and form a part of the record in the
cause.
Sec. 103. The supreme court shall admit, as a part
of the record of the cause, every bill of exceptions taken
therein, upon its appearing to the satisfaction of the
court that the truth of the case is fairly stated in such
bills, that the same was taken according to law, and
that the court refused to permit such bill to be filed;
and the truth of every such bill of exceptions shall be
tried by the affidavits required by.this act to be taken,
and filed in the clerk's office.107-VOL. I.
(1697 )
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/1701/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .