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: 43 of 64
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OF THE STATE OF TEXAS.
date; or if copies thereof shall be presented to him, he shall certify
thereto for the party requesting it, but it shall not be copied
in the transcript.
100. The appellant or plaintiff in error shall file his brief, as
prescribed in the rules of the Supreme Court, ten days before the
first day of the assignment of the term of the Supreme Court to
which the case is returnable. If he files it afterwards, he may
obtain a copy certified as stated in the preceding rule.
JURISDICTION OF THE DISTRICT COURT OVER APPEALS OR WRITS
101. When there shall be no bond or affidavit filed, the appeal
or writ of error shall be consider as abandoned.
102. When no transcript of the record, or no certificate for affirmance
has been filed in the Supreme Court at the term of the
court to which the appeal or writ of error in which citation has
been served is returnable, the appeal or writ of error shall be
considered as abandoned, of which the certificate of the proper
clerk of the Supreme Court, given at the end of said term-that
no such case has been filed in said court,--shall be prima-facie
103. The appellee or defendant in error, in any case wherein
the appeal has been perfected, or the citation or citations in error
have been served more than twenty days before the first day of
the assignment in the Supreme Court, at the term to which it is
returnable, may obtain from the district clerk, a certificate of
those facts to be presented to the clerk of the Supreme Court as
authority for issuing the above certificate. Nothing in this rule
shall prevent the abandonment from being established in any
other legal mode at an earlier or different date. And in case of
such abandonment, the jurisdiction of the District Court not having
been lost, it will proceed to execute the judgment, the same
as though there had been no attempt to obtain an appeal, or writ
of error, in the case.
104. The rules of the District Court herein prescribed shall
apply to civil causes in the District Court, and likewise to civil
causes in the County Courts, wherein there may be no other and
different rule of proceeding specially prescribed by law.
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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/m1/43/: accessed July 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .