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: 41 of 64
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OF THE STATE OF TEXAS.
90. It shall conclude with a certificate, under the seal of the
court, that it contains a true copy of all the proceedings in the
cause, and shall be dated and signed officially by the clerk.
91. The clerk having made a transcript, upon the application
of either party or his counsel, as prescribed in case of appeal,
and in case of writ of error, as directed by law, shall deliver it to
such party or his counsel, when so made out, on demand.
92. The notice of appeal and giving a bond on an appeal, and
the filing of a petition and bond for writ of error, and the service
of citations, will be regarded as an application to the clerk to
prepare at once a transcript of the record for the appellant, or
plaintiff in error, without further application.
93. The appellee, or defendant in error, or his counsel, to be
entitled to a transcript of the record, shall specially make an application
to the clerk to make it out for him.
94' The clerk, having prepared a transcript, shall indorse
upon it as follows:
"J. K., appellant, or plaintiff in error,
N. M., appellee, or defendant in error.
And on delivery of it to the party, or to his counsel, who had
applied for it, he shall in all cases, indorse upon it, before it finally
leaves his hands, as follows, to-wit:
"Applied for by P. S. on the -day of
delivered to P. S. on the -day of
-A. D--," and
shall sign his name officially thereto. The same indorsement
shall be made on certificates for affirmance of the judgment sent
up to the Supreme Court."
95. The clerk, as an officer, shall not be relied on by any
party in a civil cause to transmit a transcript to the clerk of the
Supreme Court, it not being his duty to do so, but that of the
party receiving it from him, except in one case prescribed by
statute, "involving the contest of an election of a District Judge."
[Revised Statutes, Art. 1744.]
96. When the clerk shall have presented a transcript for examination
to the party or his counsel who has applied for it
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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/m1/41/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .