The Laws of Texas, 1931-1933 [Volume 28] Page: 84 of 2,111
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76 GENERAL AND SPECIAL IAWS.
or exclusion of evidence or other matters may be shown by the
official stenographer's transcript of the evidence, known as a
statement of facts in question and answer form, all as hereinafter
provided in Article 2239, and no formal bill of exception to
the admission or exclusion of evidence or to any of the court's
rulings shall be required where the matters complained of. the
objections, the court's ruling, and exceptions thereto clearly appear
of record in said transcript of evidence, or statement of
facts in question and answer form: provided, however. that in
any case where such matters do not clearly appear of record the
parties may, if they so desire, prepare and have approved and
filed, as otherwise provided by law, a formal bill of exception."
SEC. 2. That Article 2238 of the Revised Civil Statutes of
Texas of 1925. be so amended that it will hereafter read as
"Article 2238. When any party to any suit reported by any
such reporter shall desire a transcript of the reporter's notes of
the evidence in said suit, said party may apply for the same and
such stenographer shall thereupon file an original and duplicate
copy thereof in question and answer form among the papers in
said cause, and it shall be made the duty of the court. if the
transcript be found to be correct, to approve the same; provided,
however, before approving same, notice of the filing shall be
given to the interested parties, who may make objections thereto,
and any objections, if found to be material and well-founded.
shall be allowed. If said transcript is thus approved and signed
by the judge, the same shall be filed among the papers of said
cause and become a record therein, but not to be recorded."
SEC. 3. That Article 2239 of the Revised Civil Statutes of
Texas of 1925 be so amended as that it will hereafter read as
"Article 2239. In case an appeal is taken from the judgment
rendered in said cause, such original stenographer's transcript
in question and answer form shall be sent up as the report of
the testimony therein, the costs of such transcript paid by either
party, to be taxed against the party losing such appeal; and
(except as herein otherwise provided) no other record of said
testimony shall be sent up on appeal; provided, any original
documentary evidence, sketches, maps, plats or other matters
introduced in evidence shall be transcribed by such stenographer
into the said stenographer's report or if identified in the stenographer's
report may, by written direction of the judge, be
sent up in the original form if requested by either party to the
suit, and may be returned to the trial court when the cause is
disposed of by the Appellate Court; provided further that any
pleading, motion or order, or portion thereof, which may appear
of record in the transcript, may be embodied in said statement
of facts by reference without the necessity of copying same
Where such question and answer transcript is filed, such re-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17293/m1/84/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .