Gammel's Rules of the Courts of Texas Page: 17 of 70
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TEXAS COURT RULES.
office, subject to the order of the person who sent it, or to the disposition
of the court. Said transcript shall not be filed until a
satisfactory showing has been made to the court for its not being
properly indorsed, or for not being received by the clerk in proper
time; and upon this being done it may be ordered by the court to be
filed, upon such terms as may be deemed proper, having respect to
the rights of the opposite party.
3. Either party may file the transcript for which he has applied
to the district clerk, and which has been delivered to him; both of
which facts must appear on the transcript by the indorsement of the
district clerk. If the indorsementl shows that it was applied for by
one party and delivered to the other, it must be shown by the
indorsement of the clerk, or otherwise, to entitle it to be properly
filed as the transcript of the party to whom it was delivered, and
that.it was delivered to one by the consent of the other, as each
party has the sole right to the transcript which he applied for to be
made out for him; and if it is so filed without that fact being shown,
the court may strike the case from the docket as improperly filed,
upon its own inspection, or upon motion of the party to whom the
4. If both parties file transcripts within the proper time-which
they may do-and that of the appellant or plaintiff in error is
properly made and indorsed, it shall be regarded by the court as
the transcript of the record in the case, and the court will grant the
appellee or defendant in error leave to withdraw that filed by him
for his own use.
5. If but one party file his transcript in proper time, that shall
be regarded as the transcript of the record in the case.
6. From the time when the transcript, properly made out and'
indorsed, is filed, it will cease to belong to either party, but will
become a record of the court, subject to its control and disposition.
7. Transcripts in appeals from judgments in proceedings in quo
warranto shall be filed in the Court of Civil Appeals within twentydays
after appeal is perfected, and the first Tuesday following such:
twentieth day shall be the day for filing motions in such cases.
7a. If the transcript when filed in the Court of Civil Appeals
shall not be indexed as required by Rule 92 of the rules for the
government of the district courts, of if the statement of facts, however
made up, shall not be indexed as to witnesses or instruments.
introduced in evidence, the Court of Civil Appeals may cause a
proper index to be made by the clerk of their court, and shall cause.
the cost of the same to be taxed against the plaintiff in error or
appellant, as the case may be.
7b. Upon the filing of any transcript or statement of facts with
the clerk of a Court of CiVil Appeals the clerk shall immediatelygive
notice to the opposite party, or his attorneys of record, of such.
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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/m1/17/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .