The Laws of Texas, 1822-1897 Volume 2 Page: 1,704
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398
Laws of the State of Texas.
of the forms aforesaid, shall cure any error of such excess:
if the record of any such judgment shall be removed
into the appellate court before such release shall
be made, it shall be lawful for the defendant in error to
make such release as aforesaid in the appellate court,
and thereupon the said court, after revising the judgment,
shall proceed to give such judgment as the court
below ought to have given, if the release had been made
or filed therein.
Sec. 134. Any party believing himself aggrieved, by
any judgment or decree of the district court, may appeal
to the supreme court, from such judgment or decree,
during the term of the court at which such judgment or
decree was rendered; and no petition, writ or citation,
or other proceeding whatever, shall be necessary, other
than the appellant's giving notice in open court, of his
intention to appeal, which notice shall be entered of
record.
Sec. 135. After the trial of any cause, when the party
has given notice of appeal, or intends to give such notice,
it shall be the duty of the parties respectively, to
make out a clear and explicit statement, or bill of the
facts given in evidence on the trial of the cause, and to
submit the same to the opposite party, or his attorney,
for inspection during the term, and if the parties, or
their attorneys, agree as to the facts given in evidence,
they shall sign and seal the same, and submit it to the
judge for approval and signature, who shall also sign it,
and the statement so made. shall be filed as a part of the
record of the cause; but if on inspection of the statements
offered, the parties cannot agree, or the judge do
not approve or sign, then they shall submit their respective
statements to the judge presiding at the trial, who,
from the statements so furnished him, and his
own knowledge, shall during the term at which
the trial was had, make out a correct and exact
statement of the facts of the cause as given in(1704 )
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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/m1/1708/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .