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: 42 of 64
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RUIES FOR THE DISTRICT COURT
and it is found, in any particular whatever, to have been made
out in violation of any of the preceding requirements, he shall be
at liberty to return it, as not being a complete and properly prepared
transcript, in time for correction by the clerk. And the reception
of it by the party or his counsel, without being so returned
for such purpose, will be regarded as an assumption by him
of all responsibility for any and all deiciencies found in the transcript,
resulting from the violation of these rules or of the statutes.
ASSIGNMENT OF ERRORS.
97. The appellant or plaintiff in error shall file in the District
Court, at the time of filing a bond or affidavit for appeal or bond
for writ of error, an assignment of errors, signed by the party or
his counsel, prepared in accordance with the statutes and with
the rules of the Supreme Court relating thereto. Any other
party having a right to file an assignment of errors in the cause
shall do so by filing the same in the District Court, and giving
the other parties or their counsel notice ten days before the time
for filing brief by appellant. An executor or administrator must
file an assignment of errors within twenty days after notice of appeal
given by him, or at the. time of filing his petition for writ of
98. The clerk shall receive the assignments of errors and indorse
his filing upon them, with the date of their being presented
to him, place them amongst the papers of the cause, and insert a
copy of them, with their filing and its date, in the transcript, if
they have been filed before the transcript has been delivered;
and if filed afterwards, he shall, upon request, give to any party
to the cause a certified copy of them, with his filing and date
99. Appellant or plaintiff in error shall file a copy of his
brief in the District Court, as directed under the rules the Supreme
Court, which shall be received by the clerk, and he shall indorse
upon it his filing, with the date of its delivery to him, and keep
it among the papers of the cause, subject to inspection, in his
office, by any of the parties or their counsel, and shall, upon request,
deliver a certified copy of it, and of his filing, with its
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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/m1/42/: accessed May 25, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .