Gammel's Rules of the Courts of Texas Page: 16 of 70
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TEXAS COURT RULES.
in cases finally disposed of shall not be taken from the clerk's
Rule 15.-Writ of Mandamus.
Article 1526, as amended by Acts 35th Leg., Reg. Ses., 1917, p. 141.
Held, the Supreme Court may by mandamus compel the clerk of the
Court of Civil Appeals to file a petition for writ of error presented to him,
which he should have filed under the law, Roth vs. Murray, 105 T., 6
(141 S. W. R., 515).
Held, that the Supreme Court has no jurisdiction of mandamus proceedings,
where the right to relief depends upon determination of question
of fact. Davis vs. Terrell, 100 T., 291 (99 S. W. R., 404); Furnis vs.
Robison (S. C.), 157 S. W. R., 744.
RULES FOR THE COURTS OF CIVIL APPEALS.
1. The clerks of the Courts of Civil Appeals shall receive the
transcripts delivered and sent to them, and receipt for the same if
required, but they shall not be required to take a transcript out of
the postoffice, or an express office, unless the postage or charges
thereon be fully paid. Upon receipt of the transcript it shall be the
duty of the clerk to examine it in order to ascertain whether or not,
in case of an appeal, notice of appeal and a proper appeal bond or
affidavit in lieu thereof (where bond is required) have been given;
and in case of a writ of error, whether or not the citation in error
appears to have been duly served, and error bond or affidavit in lieu
thereof (where such bond is required) appears to have been filed. If
it seems to him that the appeal or writ of error has not been duly
perfected he shall note on the transcript the day of its reception
and refer the matter to the court. If, upon such reference, the
court shall be of opinion that the transcript shows that the appeal
-or writ of error has been'duly perfected, they shall order the transcript
to be filed as of the date of its reception. If not, they shall
*eause notice of the defect to issue to the attorneys of record of the
appellant or plaintiff in error, as the case may be, to the end
that they may take steps to amend the record, if it can be done, for
doing which a reasonable time shall be allowed. If the transcript
does not show the jurisdiction of the court and if after notice it
be not amended, the case shall be dismissed.
2. The clerk shall indorse his filing upon the transcript, of the
date of its reception, if it comes to his hands properly indorsed,
showing who applied for it, and to whom it was delivered, if
presented within ninety days from the time the appeal or writ of
error is perfected. But if it comes to his hands after the said date,
or not so properly indorsed, he shall, without filing it, make a
memorandum upon it of the date of its reception, and keep it in his
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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/m1/16/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .