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: 37 of 64
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OF THE STATE OF TEXAS.
mined by the judge, counsel in making a motion for new trial
shall specify succinctly the supposed errors of law or fact, or both,
into which the judge has fallen, as far as may be practicable to
69. In m'otions for continuance, for the change of venue, and
other preliminary motions made and filed in the progress of the
cause, the rulings of the court thereon shall be considered as acquiesced
in, unless presented in a bill of exceptions; and the
rulings thereon shall be made a ground of objection in motions
for new Xrial or in arrest of judgment, if they are desired to be
relied on as grounds of error.
O7. Motions for new trial and in arrest of judgment shall be
determined on motion day of each week of the term, unless postponed
to the next motion day, or, for good cause shown, to a
subsequent day, not later than two entire days before the adjournment
of the court, at which time all such motions previously
filed shall be determined.
THE STATEMENT OF FACTS.
71 Where the evidence adduced upon the trial of the cause
is sufficient to establish a fact or facts alleged by either party, the
testimony of witnesses, and the deeds, wills, records, or other
written instruments, admitted as evidence, relating thereto, should
not be stated or copied in detail into a statement of facts, but the
facts thus established should be stated as facts proved in the
case; provided, an instrument, such as a note or other contract,
mortgage or deed of trust, that constitutes the cause of action,
on which the petition, or answer, or cross-bill, or intervention is
founded, may be copied once in the statement of facts.
72. When there is any reasonable doubt of the sufficiency of
the evidence to constitute proof of any one fact under the preceding
rule, there may then be inserted such of the testimony of
the witnesses and written instruments, or parts thereof, as relate
to such facts.
72a. When it becomes necessary to insert in a statement of
facts any instrument in writing, the same shall be copied into the
statement of facts before it is signed by the judge, and instru
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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/m1/37/: accessed May 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .