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: 15 of 64
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OF THE STATE OF TEXAS.
ord upon a suggestion of delay, upon making a brief statement
of the character of the suit, the proceedings therein, and the judgment
rendered, which will be required in every case of such submission
when appellant or plaintiff in error has filed no brief. If this
is done in a case properly prepared for submission by appellant
or plaintiff in error, it will be considered an acquiescence in the
statement of appellant or plaintiff in error, in his brief, as to the
contents of the record, and as merely a denial of the legal 'consequences
contended for by the appellant or plaintiff in error,
unless the appellee or defendant in error shall also file a brief, as
heretofore provided, which he may do. If the appellant or plaintiff
in error, has not prepared the case for submission, the record
will be examined sufficiently to ascertain that it is or is not properly
a delay case, and if found to be a plain case of delay, it will be
acted on as such; but if not, it will be reversed or referred back
for a brief, or brief and argument, on one or both sides, as may
be directed. In deciding under this rule, where the case has not
been prepared for submission by the appellant or plaintiff in error,
the court will be required to look only to the substantial merits
as they may appear in the record.
45. In an appeal or writ of error sent up to this court for affirmance
on certificate, there need be nothing more than a request
for affirmance, signed by the party or his counsel. It shall not be
submitted sooner than one week after being filed in this court, if
the court should be in session that length of time. The appellee
or defendant in error may be heard on a motion to dismiss the
certificate, or on a motion to file the transcript of the record, or on
a motion to set aside the judgment rendered in this court, as in
other cases of rehearing.
46. In all cases wherein the brief or briefs are found insufficient
and not satisfactory, either in a proper presentation of the
facts or proceedings in the case, or in the reference to the authorities,
so as to enable the court to decide the case, the court may
set aside the submission and refer it back, with such orders for
postponement, filing of briefs, reference to authorities, by one
or both parties, and re-argument, written or oral, as may be
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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/m1/15/: accessed February 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .