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: 51 of 64
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CERTIFICATES FOR AFFIRMANCE.
, 189-, the said appellants duly
perfected their appeal by filing in my office an appeal bond,
which was by me duly approved, and of which the following is
a copy (here copy the bond).
Given under my hand and seal of office this-day of---189[SEAL].
Clerk of the District Court of -
If an affirmance against the sureties is not desired, all of the
certificate after the words "duly perfected their appeal" may be
Certificates for affirmance must be indorsed in the manner prescribed
for the indorsement of transcripts (See Ru'le 94) and must
be accompanied with a request in writing or motion to affirm,
(See Rule 45, Supreme Court) giving the name and residence of
counsel for appellant or plaintiff in error, and service of said motion
will be had on coutsel for appellant or plaintiff in error, if
possible, before the certificate is submitted to the court.
The following form, for such motion, has been held sufficient:
"In the Supreme Court of Texas:A.
vs. ? Certificate of Appeal from -
C. D., Appellee. J
Now comes counsel for appellee in the above styled cause
and moves this court to affirm the judgment rendered in said
cause on the certificate here filed without reference to the merits.
Counsel for appellant are and reside in---Respectfully
Counsel for Appellee."
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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/m1/51/: accessed May 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .