The Laws of Texas, 1927 [Volume 25] Page: 92 of 1,111
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76 GENERAL AND SPECIAL LAWS.
purpose of securing delay to litigants and that in almost every
case the order of the lower court has been affirmed for the reason
that the granting of new trials is largely discretionary with
the trial court and not subject to reversal except for abuse of
discretion, and the further fact that such appeals have greatly
incumbered the dockets of the various courts of civil appeals and
increase the burden of such courts in numerous cases where
there is no merit in the appeal, creates an emergency and an
imperative public necessity that the constitutional rule requiring
bills to be read on three several days be suspended and said rule
is hereby suspended and that this Act shall take effect and be
enforced from then and after its passage, and it is so enacted.
Approved February 21, 1927.
Effective February 21, 1927.
EVIDENCE-PERPETUATION OF TESTIMONY.
S. B. No. 22.] CHAPTER 53.
An Act to amend Article 3742 of the Revised Civil Statutes of 1925, providing
for the perpetuation of testimony, so as to include as a part of
said Article 3742 applications or anticipated applications or petitions
for the probate of wills, within the meaning of the word "suit" as used
in said article, and to provide the mode and manner of service of notice
on the application or statement of the party desiring to perpetuate testimony
for use in an anticipated application or petition for the probate
of a will; and declaring emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 3742 of the Revised Civil Statutes
of 1925 of the State of Texas be, and the same is hereby
amended so as to hereafter read as follows:
Article 3742. To Perpetuate Testimony. When gny person
may anticipate the institution of a suit in which he may be interested,
and may desire to perpetuate the testimony of a witness
to be used in such suit, he, his agent or attorney, may file
a written statement in the proper court of the county where
such suit could be instituted, representing the fact and the
names and residences, if known, of the persons supposed to be
interested adversely to said person; a copy of which statement
and writ shall be served on the persons interested adversely; or,
where such person, his agent or attorney, shall at the time of
filing such statement make affidavit that the names and residences
of the heirs, successors or legal representatives of any
deceased person are unknown to the affiant, or reside beyond
the jurisdiction of the State, the clerk of the court or justice
shall issue a like writ, which shall be served on such unknown
or non-resident persons by publication in some newspaper in
the mode and manner provided by law for the service of original
citation upon non-residents or unknown parties; after which the
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1927 [Volume 25], book, 1927; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth16125/m1/92/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .