Gammel's Rules of the Courts of Texas Page: 11 of 70
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TEXAS COURT RULES.
amended so as to show jurisdiction. W. U. Tel. Co., vs. Smith, 88 T., 9
(28 S. W. R., 931, 30 S. W. R., 549).
Also held, that where the petition for writ of error fails to allege that
the decision complained of is erroneous does not assign errors as required,
but the Supreme Court will allow an applicant to amend and assign errors.
Homes vs. City of Henrietta, 91 T., 318 (42 S. W. R., 1052).
(e) GROUNDS OF JURISDICTION. See, above decisions, Form No.
In this subdivisicn it shall be made to affirmatively appear in the
application for writ of error that the case is one of which the Supreme
Court has jurisdiction under Article 1521, R. S., 1911, as amended by
Acts 35th Leg., Reg. Ses., 1917, p. 140.
(h) Assignments. See, Subdivision (c) above.
Held, an assignment not followed by propositions or statements, will
not be considered. Rowe vs. Crutchfield, 168 S. W. R., 444.
Held, where the error is not fundamental, it will not be considered by
the Supreme Court, unless assigned in the Court of Civil Appeals. San
Antonio Schleicher vs. Runge, 90 T., 456 (39 S. W. R., 279);
Evans vs. San Antonio Traction Co., 166 S. W. R., 408.
Held, writ of error to the Supreme Court cannot be applied for before
motion for rehearing has been made and overruled in the Court of Civil
Appeals. McGhee vs. Romatka, 92 T., 241 (47 S. W. R., 520).
2. The clerk of this court shall receive all applications for writs
of error, and file the petition and accompanying transcript from the
Court of Civil Appeals, and enter the case upon the docket kept for
that purpose, known as the application docket. But he shall not be
required to take the same from the postoffice or an express office
unless the postage or express charges, as the case may be, shall have
been fully paid. The cases shall be numbered consecutively on the
application docket and the number shall be placed upon the application.
3. After the expiration of ten days from the filing of the record.
and the application in this court it will be deemed submitted to the
court and ready for disposition and will be acted upon by the court,
unless for sufficient reason the court may grant further time to either
4. When the plaintiff in error has failed to file his application
within the time prescribed by law, the clerk of this court shall submit
the matter to the court before filing same with any statement of
excuse which may be presented by the applicant, and the court will
act upon such application to file. If it be refused, then no record
will be made of the application or the disposition of it.
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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/m1/11/: accessed November 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .