Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 11 of 64
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OF THE STATE OF TEXAS.
the conclusions of law. And in agreed cases under the statute
the foregoing rules, as to assignments of error shall be complied
with as far as practicable.
28. There will be no assignment of errors allowed in this
court when none has been filed in the District Court, unless by
consent of parties.
29. The appellant or plaintiff in error, in order to prepare
properly a case for submission when called, shall have filed a brief
of the points relied on, in accordance with and confined to the
distinct specifications of error (which assignments shall be copied
in the brief) and to such fundamental errors of law as are apparent
upon the record, each ground of error being separately presented
under the proper assignment; and each assignment not so copied
and accompanied with its appropriate propositions and statements,
shall be regarded as abandoned.
30. The appellant or plaintiff in error, in preparing his brief,
shall make a general and succinct statement of the nature and
result of the suit, as an introduction, which may be omitted in
an agreed case under the statute [Paschal's Dig., Art. 1516], and
then each point under each one of the assignments relied on
shall be stated in the shape of a proposition, unless the assignment
is itself in the shape of a proposition to be maintained, and
then it will be sufficient to copy the assignment.
31. To each one of said propositions there shall be subjoined
a brief statement in substance of such proceedings, or part thereof,
contained in the record, as will be necessary and sufficient to explain
and support the proposition, with a reference to the pages of
the record. This statement must be made faithfully, in reference
to the whole of that which is in the record, having a bearing
upon said proposition, upon the professional responsibility of the
counsel who makes it, without copying the record, and without
intermixing with it arguments, reasons, conclusions or inferences.
32. The propositions, if more than one under one ground of
the assignment, shall refer to it, and be stated separately.
33. In a proposition relating to the error of the court in over
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/11/: accessed January 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .