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: 19 of 64
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OF THE STATE OF TEXAS.
court, being satisfied of the filing, service of the motion and
brief, and that the brief has been made in conformity with the rules
-see Rule 43-after hearing any opposition that may have been
filed in writing thereto, if any has been filed, may make such
orders as may be necessary to give the appellant or plaintiff in
error an opportunity to file a brief contesting that filed by the
other party in matters of fact or law, conforming as nearly as
practicable to the rules prescribed for framing briefs.
58. When the cause has been prepared as prescribed under
the preceding rules, the submission, if any, may be set aside, and
the case may be called as nearly as practicable in its order as it
stands on .the docket, and shall be tried in the same manner, with
the same arguments, and with the same rules in reference to its
decision as other cases that have been prepared for suumission
under the foregoing rules of this court.
ORDER OF PRECEDENCE.
59. During the calling of an assignment the following cases,
whether previously submitted or not, shall have precedence,
when the attention of the court is called to them by a motion
made and filed in the court, specifying the nature of the case,
First, cases which relate to the administration of the government,
or of general public interest, or appeals or suits of review
in administration cases, or cases where injunctions have been
granted in the court below and have been perpetuated or have
been dissolved, and by appeal have been kept in force.
Second, cases in which the attorneys will agree upon the points
of law or of fact involved in the record, make a clear and succinct
statement of the same, with such other matters in connection
therewith as will enable the court readily to understand the case,
and will make briefs citing the statutes and other authorities upon
the points agreed on to be at issue between them, and will have
such agreed statement, together with their briefs, printed in
pamphlet form, so as to furnish the justices of the Supreme
Court and the opposite party with copies thereof. This rule will
supersede and stand in place of the rule of this court adopted
at Galveston on the 18th of January, 1877.
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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/m1/19/: accessed May 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .