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: 13 of 64
The following text was automatically extracted from the image on this page using optical character recognition software:
OF THE STATE OF TEXAS.
case belongs; and if the appeal or writ of error shall have been
perfected for a period less than forty days prior to the first day
of the assignment to which the case belongs, then the brief must
be filed in the District Court at least ten days before the first day
of that assignment; and in all cases the fact of such filing, with
its date, shall be evidenced by the certificate of the clerk of the
District Court indorsed on a copy of the brief, which, with its
indorsement, shall be filed in the Supreme Court on the first day
of said assignment, there to remain with the transcript; and a
copy thereof for each of the justices of the court shall be filed before
the hearing, plainly written or printed, and if it covers more
than eight pages of foolscap, it shall be printed.
38.. Such brief may be amended by a citation of additional
authorities to the respective points or propositions made in it,
which must be filed in the Supreme Court, and notice.of it given
to the counsel for the opposite party, if in attendance, one day
before the case is called. No other amendment to the brief shall
be allowed by the court, unless it is or can be done without injustice
or unreasonable inconvenience being thereby imposed on
the other party.
39. The failure of appellant or plaintiff in error to file an assignment
of errors and briefs in the District Court and in the Supreme
Court in the time and in the manner prescribed by law,
and by the rules of the District and Supreme Courts relating
thereto, shall be ground for dismissing the appeal. or writ of
error for want of prosecution, by motion made by appellee or
defendant in error, as other motions under Rule 8 of this court,
unless good cause is shown why it was not done in the time and
manner as prescribed, and that they have been filed at such time
and under such circumstances as that the appellee or defendant
in error, has reasonably not suffered any material injury in the
defense of the case in the Supreme Court. In deciding said motion,
the court will give such direction to the case as will cause
the least inconvenience or damage from such failure, so far as
40. When it shall be found that the rules prescribed for the
preparation of a case for submission have been fully complied
with by the appellant or plaintiff in error, the court will, in its
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/13/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .