Gammel's Rules of the Courts of Texas Page: 13 of 70
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TEXAS COURT RULES.
Such citation shall be returnable in ten days and in the event it be
not served, the clerk shall issue other successive citations until due
service is had. Service of the citation upon one attorney will be
deemed service upon all parties represented by him. If no bond be
required the citation and writ of error shall issue immediately upon
the granting of the application. If a bond be required the writ shall
issue upon receipt of the duly certified copy of the bond prescribed by
the statute. Unless further time be allowed by special order of the
court in the particular case the certified copy shall be filed in the
Supreme Court within ten days from the granting of the application.
If the copy be not so filed, the application will be dismissed by the
court of its own motion.
Rule 5.-Answer of Defendant in Error.
Where the answer of the defendant in error under this rule does not
expressly reserve the right to be heard in open court, the court may at
once dispose of the case. Tyler Building or a notice of the granting of the writ may be
issued by the clerk of this court and may be served upon the
defendant in error and returned in the manner provided in Article
1230, 1232 and 1233 of the Revised Statutes, except no copy of the
petition for the writ of error,need be served. Notice given in either
of the two modes herein provided shall have the same effect as
service of citation, as provided in rule 5; and the publication or
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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/m1/13/: accessed September 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .