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: 12 of 64
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RULES OF THE SUPREME COURT
ruling a motion for a new trial or to arrest the judgment, in
which there are several grounds, the particular ground or grounds
should be referred to with the appropriate explanation; and if
the same grounds of error have been presented in other propositions,
it will he unnecessary to repeat them.
34. In propositions relating to fundamental errors of law apparent
upon the record, enough must be stated to make the error
of law which pervades the case obviously apparent, without requiring
the court to search through the record to find errors,
which they will not do unless properly pointed out, if the judgment
is one which the District Court is competent to render in
such a case.
35. When the assignments of error are numerous, counsel
should present propositions on those which are most important
ih the determination of the case, waiving those that cannot control
the result of the decision of this court-amongst which may
be classed those involving questions of fact, wherein the evidence
is so preponderating, or so conflicting, as that this court, under
its previously well established rules of decision, wduld not set
aside the verdict of the jury or judgment of the court upon them.
36. There should be annexed to each proposition, with its
statement, and at the end of it, without argument or comment, a
reference simply to the authorities relied on, if any, in support of
it, in the following order, to-wit: The statutes and decisions of
this State; the statutes and decisions of the United States, if they
are applicable to the case; elementary authorities; other decisions
in the American and English courts. In citing decisions,
those most nearly in point should be cited first, and they should
not, usually at least, be so numerous as to require a waste of
time in their examination.
37. The brief of the appellant or plaintiff in error, framed inl
accordance with these rules, must be signed by the party or his
counsel; and if by counsel, it shall appear for and on behalf of
what party, or parties, by name, it is signed. If the appeal or writ
of error has been perfected as long as forty days before the first day
of the assignment of the term of the court to which the case is returnable,
the brief shall be filed in the District Court at least
twenty days before the first day of the assignment to which the
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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/m1/12/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .