Gammel's Rules of the Courts of Texas Page: 18 of 70
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TEXAS COURT RULES.
filing, in the manner provided in Article 1615 (1020) of the Revised
Statutes of Texas.
Rules 1, 2.
Article 1608 (1015) provides that the transcript shall be filed with the
clerk of the Courts of Civil Appeals within ninety days from the performance
of the appeal or service of the writ of error; provided, that,
for good cause, the court may permit the transcript to be thereafter filed
upon such terms as it may prescribe.
Held, where the evidence shows no sufficient excuse for not filing the
transcript for appeal in time, it will not be allowed to be filed as an
appeal. Western Union Tel. Co. vs. Wofford, 72 S. WV. R., 620 (32 C. A.,
427). Held, the time of filing a transcript is fixed by law and the court
cannot abridge this time. Crary vs. Port Arthur Channel City of Eagle Lake
vs. Lakeside Rice Mill Co. (C. A.), 144 S. V. R., 712.
Failure to properly prepare transcript for appeal, where no sufficient
excuse is shown, the appellate court will decline to permit the record to
be filed after the time has elapsed in which the same could pro,prly be
done. Cox vs. WV. A. Chanslor Freeman vs. Collier, 101 T., 60 (104
S. W. R., 1042); Ry. Co. vs. West, 152 S. W. R., 181; Gutheridge vs.
Gutheridge, 159 S. V. R., 452.
Held, where the transcript is defective, before dismissing the case,
the court should notify the appellant of the fact in order that he may
supply the defective record, the proper method of doing so being by
Certiorari. Wells et al. vs. Driskell, 105 T., 81; Powell vs. Hill, 152
S. W. R., 181.
Held, transcript on appeal from an order appointing a receiver filed in
due time. Ripy vs. Redwater Lumber Co., 106 S. W. R., 474 (48 C.
Held on writ of error, the transcript need not be filed in the Court
of Civil Appeals until after the service of the writ. Garney vs. Menafee,
118 S. W. R., 1083 (53 C. A., 490). Also held, that the appellant has
'90 days in which to file transcript in the appellate court after the appeal
is perfected by service of citation in error, or by waiver thereof. Morris
vs. Anderson (C. A.), 147 S. WV. R., 367. See, Simmang vs. Smith (C. A.),
150 S. W. R., 494.
Held, transcript upon writ of error cannot be filed after the filing of
a motion to affiirm on certificate; the appeal having been perfected upon
the filing of an appeal bond. Pitts vs. Kane (C. A.), 151 S. W. R., 356.
Under Article 2086, as amended by Acts 36th Leg., 1919, p. 136, writ
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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/m1/18/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .