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: 18 of 64
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RULES OF THE SUPREME COURT
preme Court, on notice of appeal given, or petition for writ of error,
filed before March 1, 1878, whether previous to that time
they have been submitted or not, may be advanced and called in
their order on the docket of the assignment, which may be done
in the following manner, to-wit: The appellant or plaintiff in
error shall file in the Supreme Court a motion to set aside the
submission-if one has been made-and to advance the case, and
also thereto annex his brief of the case, made in conformity to
the rules of this court, from 29 to 45, both inclusive, and cause a
copy of the motion and brief thus filed to be served on the appellee
or defendant in error, or upon his attorney of record in
the Supreme Court, if there are any such, twenty days before the
first day of the assignment to which the case belongs-which fact
shall be evidenced by a copy of the motion and brief, with
the service by a sheriff, or by some credible person under oath,
sworn to before some officer having a seal of office, or by acceptance
of service by said counsel or the party, indorsed thereon
and filed in the Supreme Court. Said motion shall be filed, indorsed
and docketed by the clerk, and presented as other motions
under Rule 13 of this court, when the court, upon being
satisfied of the filing and service of the motion and brief, and
that said brief has been made in conformity to the rules, after
hearing any opposition thereto that may have been filed in writing
to said motion, may make such orders as may be necessary
to give the appellee or defendant in error an opportunity to file
his brief of objections and counter-propositions, according to the
rules applicable to the same, which he may do under Rule 40 of
57. Should the appellant or plaintiff in error have failed,to
file in the Supreme Court a motion and brief as specified in the'
preceding rule, and have it served as therein directed, the appellee
or defendant in error may file in the Supreme Court his
motion to set aside the submission of the case, and have the same
served and returned in like manner as stated in the preceding
rule, and filed in the Supreme Court on or before the fifth day
before the first day of the assignment, which shall be filed, indorsed
and docketed by the clerk as other motions, and may be
presented to the court under Rule 13 of this court, when 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/m1/18/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .