Gammel's Rules of the Courts of Texas Page: 10 of 70
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TEXAS COURT RULES.
presented in the same application, all being stated in order as provided
in Article 1521, as amended by Acts 35th Leg., Reg. Ses., 1917, p. 140.
The application must show that the applicant has made a motion for
rehearing in the Court of Civil Appeals, presenting distinctly all the
points on which a writ of error is asked. Held, in absence of such
showing the application will be dismissed. Southern Pacific Co. vs. Haas,
85 T., 401 (20 S. W. R., 586); Lakeside Irr. Co. vs. Buffington, 168 S.
W. R., 21. It must show enough of the proceedings in the original suit
to make plain that the suit could not have been brought in the county
court. McLane vs. Evans, 94 T., 78 (58 S. W. R., 723).
(b) The application shall present a question of law decided by the
Court of Civil Appeals of which the Supreme Court has jurisdiction as defined
by Article 1521, as amended by Acts 35th Leg., 1917, and no other
questions will be considered. Judgments of the Courts of Civil Appeals are
conclusive upon the Supreme Court in all cases mentioned in Article 1591.
Smith vs. Wilson, 91 T. 503 (44 S. W. R., 672); Cleburne Electric Groce et al. vs. West
Lumber Co. (S. C.), 163 S. W. R., 581. See, Trinity Texas Co. vs. Stephens, 100 T., 628 (103 S. W. R.,
481). Held, the assignment must be express and direct and not argumentative.
Hammond vs. Tarver, 89 T., 290 (32 S. W. R., 511); Hodo vs.
Mexico National Ry. Co., 88 T., 523 (32 S. W. R., 511); Childress vs.
Smith, 90 T., 610 (38 S. W. R., 518); Hess vs. Webb, 103 T., 46 (123
S. W. R., 111). Touching jurisdiction. See, Edwards vs. St. Louis S. W.
Ry. Co., 151 S. W. R., 289; First State Bank of Archer vs. Power, 163
S. W. R., 581. Held, motion for rehearing in the Court of Civil Appeals
essential to jurisdiction of Supreme Court. Knodell et al. vs. Equitable
Life Ass'n et al., 221 S. W. R., 941. Application for writ of error may be
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/10/: accessed July 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .