The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944 Page: 17
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Establishing the Texas Court of Appeals, 1875-1876 17
not be accomplished at the present session, he introduced the
bill in order that it might be in time to be properly considered.
This bill was referred to senate judiciary committee number
one, which reported the bill favorably on June 20." Apparently
the bill died on the senate calendar for there is no record in
the Senate Journal of its ever being considered further by the
2. Establishment of Court of Appeals by Law
The court of appeals as established by the Legislature was
to hold its sessions in Austin during the same time that the
supreme court was in session, and at such other times and
places as that court might hold its sessions. Before taking
up the duties of his office, the clerk of the court of appeals
was required to take the oath of office prescribed by the Con-
stitution; to give a bond similar to that required of the clerk
of the supreme court; he should be subject to the same liabil-
ities, entitled to the same fees of office, and should perform,
as clerk of the appellate court, the duties imposed by law
on the clerk of the supreme cou~t.
The clerk of the court of appeals at Austin was to procure
a seal for the court, and a copy of the seal should be made
for each place where the court convened. He should receive
from the clerk of the supreme court all records which had
been received in his office of cases of which the court of ap-
peals had, under the Constitution, exclusive appellate juris-
diction, and should file the same in his office. Those cases
should be considered and disposed of by the court of appeals
as if they had been appealed to that court.
The laws regulating the practice and proceedings in the su-
preme court and regulating appeals and writs of error there-
to should apply to the court of appeals. However, when the
district court from which an appeal had been or might be
taken was deprived of jurisdiction over a case by the Con-
stitution, the mandate issuing from the court of appeals on
the disposition of a case transferred to it under the third section
of this act should be directed to the highest court of the
county from which the appeal was taken having original juris-
diction over the case. In such case the clerk of the court to
which the mandate was directed, should demand and receive
"Daily State Gazette, May 24, 1876.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944, periodical, 1944; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth146054/m1/21/: accessed September 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.