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: 29 of 64
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OF THE STATE OF TEXAS2
21. The clerk shall keep a motion docket in which all motions,
when filed, shall be placed, with the names of the parties
and counsel, with the date of filing and its number and the
number of the case, which filing shall be considered notice of
said motion before the continuance or final disposition of the
case for the term, except where it is otherwise provided for by
22. The court will set apart a particular day each week of the
term, when the motions previously made, in which proper notice
has been given, shall be determined, if urged, unless for good
cause they are postponed to a day during the term, or continued
by consent to the next term.
23. When notice shall be given of objections to the form or
manner of taking and returning depositions, either party may require
it to be put on the motion docket, and tried as other motions;
provided, if not tried sooner, it shall be decided before
either party shall be required to announce readiness for trial on
DILATORY PLEAS, MOTIONS AND EXCEPTIONS, WHICH DO NOT GO
TO THE MERITS OF THE CAUSE.
24. All dilatory pleas, and all motions and exceptions relating
to a suit pending, which do not go to the merits of the case,
shall be tried at the first term to which the attention of the court
shall be called to the same, unless passed by agreement of parties
With the consent of the court; and all such pleas and motions
shall be first called and disposed of before the main issue on the
tnerits is tried.
MOTIONS AND EXCEPTIONS TO MERITS.
25. All motions which go to the merits of the case, and all
exceptions, general and special, which relate to the substance or
*o the form.of the pleadings, shall be decided at the first term of
ihe court, when the case is called in the regular order fo? trial on
the docket, if reached, whether there be,an announcement on the
Facts or not, unless passed by agreement of parties with the con~ent
of the 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/m1/29/: accessed November 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .