The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 45
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Development of the Texas Judicial System. 45
"Section 2. The Supreme Court shall be held annually at the
seat of government, on the first Monday in December, and a major-
ity of all the judges ,shall be necessary to constitute such a court.
"Section 3. The said Supreme Court shall have jurisdiction over,
and shall hear and determine all manner of pleas, plaints, motions,
causes and controversies, civil and criminal, which may be brought
before it from any court in this Republic, either by appeal or other
legal process, land which shall be cognizable in said 'Supreme Court
according to the constitution and laws of this Republic: Provided,
That no appeal shall be granted, nor shall any cause be removed
into the Supreme Court in =any manner whatever until after final
judgment by decree in the court below, except in cases particu-
larly provided for by law.
"Section 4. When, by appeal or in any other manner permitted
by law, 'the judgment, sentence, or decree of the court below shall
be reversed, the Supreme Court shall 'proceed to render such judg-
ment, or pronounce such sentence or decree as the court below
should have rendered or pronounced, unless it be necessary, in con-
sequence .of the decision of the Supreme Court, that some matter
of fact be ascertained, or some damages be assessed by -a jury, or
when the matter to be decreed is uncertain, in either of which
cases the suit, action or prosecution, as the case may be, shall be
remanded to the court from which it was brought for a more defi-
"Section 8. 'The said court, or any judge thereof, in vacation,
may grant writs of injunction, supersedeas, and such other writs as
the laws permit to the judgments or decrees of the county or dis-
trict courts, on such terms and conditions as the laws may pre-
scribe in cases of appeals, and also to grant writs of habeas corpus,
and all other remedial writs and processes granted by said judges
by virtue of their office, agreeably to the principles and usages
of law, returnable as the law directs, either to the Supreme Court
or to any judge of said court, as the nature of the case may
The jurisdiction of the district court was defined by act approved
December 22, 1836, as follows:
"Section 4. The district courts in the several counties of the Re-
4 Acts of First Congress, p. 79.
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/49/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.