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: 7 of 64
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OF THE STATE OF TEXAS.
days after appeal is perfected, and the first Tuesday following
such twentieth day shall be the day for filing motions in
8. All motions relating to informalities in the manner of bringing
a case into the Supreme Court, shall be filed and entered by
the clerk in the motion docket, on or before the second day of
the assignment to which it is returnable; otherwise the ground
of objection shall be considered as waived, if it can be waived by
the party; such filing and docketing will be sufficient notice o
9. Motions to dismiss, for want of jurisdiction of the Supreme
Court to try the case, and for such defects as defeat the jurisdiction
in the particular case, and cannot be waived, shall also be
made, filed and docketed at said time, which filing and docketing
shall be notice of the motion; provided, however, if made afterwards
they may be entertained by the court, after such notice to
the opposite party as the court may deem proper to have been
given under the circumstances.
10. Motions, made either to sustain or defeat the jurisdiction
of the court, dependent on facts not apparent in the record and
not ex officio known to the court, must be supported by affidavits
or other satisfactory evidence.
11. Motions for certiorari to perfect the record shall also be
made in the time required in rule 8. They must be accompanied
with a sworn statement showing a necessity for the same, unless
the record shows it, the filing and docketing of which shall be
notice of the same. If made afterwards, they will be entertained
only upon such terms and upon such notice as the court may deem
proper. Unless reasons appear to vary the rule, the party applying,
in all cases, will be taxed with the costs.
12. Motions made to postpone the case to a future day beyond
the last day of assignment, or to continue it until the next term,
unless consented to by the opposite party, shall be supported by
sufficient cause, verified by affidavit, unless such sufficient cause is
apparent to the court.
13. The motion docket will be called on .the third day of the
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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/m1/7/: accessed March 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .