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: 21 of 64
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OF THE STATE OF TEXAS.
66a. In all cases in which appeals or writs of error are dismissed,
the appellant, or party filing the transcript, without
further leave of court, shall have the right to withdraw the transcript,
unless it contains original papers belonging to an adverse
party, in which event leave of court shall be had before such
original papers are withdrawn.
REHEARING IN THE SUPREME COURT.
67. Motions for rehearing shall be made and conducted
strictly in accordance with the statute, which describes fully the
manner of this proceeding. [Gen. Laws, May 2, 1874, Fourteenth
Legislature, page 215; Revised Statutes, Art. 1051.]
67a. Where the Supreme Court at any one of the places
where it sits for the transaction of business, adjourns for the
term within less than fifteen days after the rendition of judgment,
the issuance of the mandate shall, unless otherwise ordered, be
withheld until the expiration of said period-and if, within that
period, an application for rehearing shall be presented to the
clerk of the court at that place, having indorsed thereon the
order of any member of the court that it be filed, the issuance of
mandate shall be further withheld to await the action of the
court on said application. The clerk, in addition to the steps
required of him in other rehearing cases, shall forward the papers
and the application to the clerk of the court at the place of its
session next succeeding that at which the judgment was rendered.
68, After the expiration of fifteen days from the date of'a
judgment rendered in any case in the Supreme Court, if there
has been no motion made for a rehearing, the clerk may issue a
mandate to the District Court, and not before that time, except
by order of the court, made upon a motion in writing by one
party, and agreed to by the other.
69. The clerk of this court, upon being presented with a certificate
of any district clerk that an appeal has been perfected, or
the citation or citations in a writ of error have been served in any
case decided in the District Court, more than twenty days before
the first day of the assignment of the term of the Supreme Court
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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/m1/21/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .