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: 39 of 64
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OF THE STATE OF TEXAS.
80. In every case appealed to the Supreme Court, the clerk
shall, in making up the docket at each succeeding term, keep
the said cause in its proper place on the docket for disposition
after being decided by the Supreme Court; and at the next term
after issuing a writ of error, the clerk shall replace the cause on
the docket, with its original file number.
81. In making a complete record, as prescribed by statute
[Rev. Stats., Att. 1410], the proceedings of all the cases shall
be entered in the order of time in which they occur, or the date
of their filing; provided, amended instruments in pleadings
shall take the place of those for which they are substituted, and
those instruments thus superseded, or those that are abandoned
as shown by an order or judgment of the court shall be left out
of the record, unless they appear in a bill of exceptions in its
TRANSCRIPT ON APPEAL OR WRIT OF ERROR.
82. In making a transcript, the proceedings shall be entered
in the order of time at xwhich they occurred, as in Rule 81, unless
counsel on each side shall agree in writing, to be itself filed and
copied in the transcript, directing the clerk which of the papers
may be left out, as being useless in the decision of the case; provided,
subpcenas shall not be inserted, nor shall the citations and
service thereof be indorsed, in cases where the defendant or defendants
have filed answers, unless some question is made upon
them which will require them to be copied.
82a. All bills of exceptions and statements of facts shall be
literally transcribed; and the clerks are hereby prohibited from
copying as parts of the same any instrument in writing, or document
not originally inserted therein, but merely referred to and
directed to be copied from some other paper in the case.
83. In copying the proceedings inserted in the transcript,
there shall be a space left between them, so that each one can
readily be distinguished.
84. On the left hand margin of the page of each proceeding
the clerk shall note its name, and the date of its occurring or
being filed. This may be dispensed with in printed transcripts;
but in all cases the clerk shall copy, in connection with each
paper filed, the file mark subscribed or indorsed thereon.
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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/m1/39/: accessed January 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .