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: 9 of 64
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OF THE STATE OP TEXAS.
see that it is done under the foregoing rule before the case is called.
19. Counsel desiring to call the attention of the court to a case
on the motion docket or trial docket, not then called in its regular
order, must, before doing so, provide himself with the number of
the case on the docket, and with the number of the assignment
also, if reference is to be made to the trial docket.
CALLING THE DOCKET.
20. The trial docket will be called not sooner than the fourth
day of the assignment, in the regular order, according to the filing
of the cases as they stand on the docket, commencing with the
first of those that have not been previously submitted, and will be
twice called, if practicable, during the time of the assignment, so
that every case that has been properly prepared for submission
imay be submitted.
21. Upon the call of the. trial docket, either party may submit
a cause, if it appears to have been properly prepared for submission
on his part, unless, for good cause, the court shall postpone
the hearing to a further day within the assignment, or, by
agreement of counsel, to a future day of the term beyond the assignment,
which will not be done so as to interfere with the business
of any other assignment.
This rule is subject to exceptional cases given a preference to,
under some rule of the court, and to the action of the court on
motions for the postponement and continuance of causes.
PREPARING A CAUSE FOR SUBMISSION.
22. A cause will be properly prepared for submission only
when a transcript of the record exhibits a cause prepared for appeal
in accordance with the rules prescribed for the government
of the District Court, and filed in this court under the rules thereof,
with briefs of one or of both the parties, in accordance with
the rules of this court.
23. Said record should contain an assignment of errors as requiredby
the statute. [Paschal's Dig., Article 1591; Revised
Statutes, Art. 1037.]
If it does not, the court will not consider any error but one of
law, that may be apparent upon the record, if the judgment is one
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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/m1/9/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .