Gammel's Rules of the Courts of Texas Page: 12 of 70
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TEXAS COURT RULES.
When the application shall have been filed for a period of ten
days, if the court shall determine to refuse the same, then whether
the defendant has answered or iot, the clerk of the court fwill retain
the application, together with the transcript and accompanying
papers, for fifteen days from the day of rendition of the judgment
refusing the writ. At the end of that time, if no motion for rehearing
has been filed, or upon the overruling or dismissal of such motion,
in case one has been filed, the clerk of this court shall transmit to
the Court of Civil Appeals to which the writ of error is sought a
certified copy of the orders of this court denying such application
and of the order overruling the motion for a rehearing thereof, and
shall return the papers which belong to that court to the clerk thereof,
but shall retain the petition for writ of error. A motion for rehearing
of an application for writ of error is not a matter of right, but,
in case such motion shall be filed within fifteen days after the refusal
of the application and before the court shall adjourn for the term,
-the court will consider the same if it be based upon a ground not
embraced in the application or contains the citation of authorities
not before cited. The presentation of any point or points presented
in the application without urging some new argument or
citing some new authority will be deemed a sufficient ground for dismissing
5. The defendant in error shall have ten days from the date of
the filing of the application in the Supreme Court to file an answer
thereto, which must be confined to a reply to the grounds of error
presented by the plaintiff in error and to such matter as may be
pertinent to show to the court that the plaintiff in error is not entitled
to the writ, and in support of the correctness of the judgment of
the court below. If the defendant in error shall file such answer,
and the Supreme Court shall conclude that the writ of error should
be granted, it may in its discretion proceed to finally dispose of the
case; provided, the defendant in error may in his answer expressly
reserve the right to be heard in open court, in which event the case will
stand for submission in regular course. If such right be not expressly
reserved by the defendant in error in his answer, and the court shall
deem it proper to finally dispose of the case upon hearing the application,
it shall write such opinion as it may think proper and shall
in open court pronounce the judgment of the case and enter the same
of record as in other cases. If the defendant in error shall not answer
the application, then, the court haying granted the writ, the clerk of
the court shall issue the writ of error to the judges of the Court of
CivilySppeals to which the writ of error is sought advising them that
the writ has been granted. The clerk shall issue the citation to the
defendant or defendants in error, or to the attorney of record for the
defendant, notifying him or them that the writ of error has been
granted and of the date thereof and to appear and defend the same.
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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/m1/12/: accessed December 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .