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: 16 of 64
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RULES OF THE SUPREME COURT
deemed proper. If, however, one party has fully complied with
the rules, and has filed a satisfactory brief that will enable the
court to decide the case, and the other party is in default and has
not filed a satisfactory brief in accordance with the rules, the
court may, in its discretion, disregard the latter party's brief, as
if not filed in the case, and act upon that alone which has been
properly filed in accordance with the rules.
AGREEMENTS OF COUNSEL.
47. All agreements of parties or their counsel relating either
to the merits or conduct of the case in this court, or in reference
to la waiver of any of the requirements prescribed by
the rules of the District or Supreme Court, looking to the proper
preparation of an appeal or writ of error for a submission in the
Supreme Court, shall be in writing, signed by the parties or their
counsel, and filed with the transcript or be contained in it, and,
to the extent that such agreement may vary the regular order of
proceeding, shall be subject to such 'orders of this court as may
be necessary to secure a proper preparation for a submission of
the case in the Supreme Court.
ARGUMENTS OF COUNSEL.
48. When the case is properly prepared for submission in the
Supreme Court, any party who has filed briefs in accordance with
the rules prescribed Itherefor, may, upon the call of the case,
either at the regular call of the docket or when it may have been
set for a call, submit an argument to the court, either oral or
plainly written or printed, which, if written or printed, may be
left on file with the transcript, copies of which need not be furnished.
49. The arguments must be upon the disputed points, whether
of law or fact, in support of the propositions relied on, on one
side, and objections and counter-propositions on the other, and it
must be confined to them, avoiding any reference or comment
upon positions taken in the District Court, or to other extraneous
matters not involved in or pertaining to that which is found in
50. In referring to statutes, that part directly bearing upon
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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/m1/16/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .