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: 6 of 64
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RULES OF THE SUPREME COURT
on or before the first day of the assignment to which it belongs.
But if it comes to his hands after the said date, or not so properly
indorsed, he shall, without filing it, make a memorandum upon
it of the date of its reception, and keep it in his office, subject to
the order of the person who sent it, or to the disposition of the
court. Said transcript shall not be filed until a satisfactory showing
has been made to the court for its not being properly indorsed,
or for not being received by the clerk in proper time; and upon
this being done, it may be ordered by the court to be filed, upon
such terms as may be deemed proper, having respect to the rights
of the opposite party.
4. Either party may file the trafscript for which he has applied
to the district clerk, and which has been delivered to him;
both of which facts must appear on the transcript, by the indorsement
of the district clerk. If the indorsement shows that it was
applied for by one party and delivered to the other, it must be
shown by the indorsement of the clerk, or otherwise, to entitle it
to be properly filed as the transcript of the party to whom it was
delivered, and that it was delivered to one by the consent of the
other, as each party has the sole right to the transcript which he
applied for to be made out for him; and if it is so filed, without
that fact being shown, the court may strike the case from the
docket as improperly filed, upon its own inspection, or upon motion
of the party to whom the transcript belonged.
5. If both parties file transcripts within the proper timewhich
they may do-and that of the appellant or plaintiff in
error is properly made and indorsed, it shall be regarded by the
court as the transcript of the record in the case, and the court
will grant the appellee or defendant in error leave to withdraw
that filed by him for his own use.
6. If but one party file his transcript in proper time, that
shall be regarded as the transcript of the record in the case.
7. From the time when the transcript, properly made out and
indorsed, is filed in the Supreme Court, it will cease to belong to
either party, but will become a record of the court, subject to its
control and disposition.
7. (a). Transcripts in appeals from judgments in proceedings
in quo warranto sial: be filed in the Supreme Court within twenty
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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/m1/6/: accessed August 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .