Gammel's Rules of the Courts of Texas Page: 19 of 70
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TEXAS COURT RULES.
of error to Court of Civil Appeals must be sued out within six months
after the final judgment is rendered.
Held, under Rules 8 and 11, motion to amend transcript should not be
arbitrarily constructed so as to defeat the ends of justice. Tompkins vs.
Pendleton, 160 S. W. R., 290.
Article 2109, R. S., 1911, provides that the transcript shall "contain
a full and correct copy of all the proceedings had in the cause."
Article 2114 requires the clerk to certify to the correctness of the
transcript. His "certificate shall state whether the same be a transcript
of all proceedings in the cause or the transcript provided for in Articles
2110, 2111 and 2112." Rule 94 for District Courts directs the clerk to
make a certificate that the transcript contains all the proceedings had in
the cause. Certificate of the clerk that the transcript is a correct copy
of the proceedings had in the cause "as per order for papers filed," which
order for the transcript is signed only by one of the party litigants, held
defective. Gutheridge vs. Gutheridge, 159 S. W. R., 452; Ry. Co. vs. West,
152 S. W. R., 181; Freeman vs. Collier Racket Co., 101 T., 6b (104 S.
W. R., 1042). See, Trammell vs. Rosen, 153 S. W. R., 164; Bird vs.
Lester, 163 S. W. R., 658.
8. All motions relating to informalities in the manner of bringing
a case into court shall be filed and entered by the clerk on the motion
docket within thirty days after the filing of the transcript in the
Court of Civil Appeals, otherwise the objection shall be considered
as waived, if it can be waived by the party.
9. Motions to dismiss for want of jurisdiction to try the case
and for such defects as defeat the jurisdiction in the particular
case and can not be waived shall also be made, filed and docketed at
said time; provided, however, if made afterwards they may be entertained
by the court upon such terms as the court may deem just and
10. Motions, made either to sustain or defeat the jurisdiction of
the court, dependent on facts not apparent in the record and not
ex officio known to the court, must be supported by affidavits or other
11. MAotions for certiorari to perfect the record shall also be made
in the time required in rule 8. They must be accompanied with a
sworn statement, showing a necessity for the same, unless the record
shows such necessity. If made afterwards they will be entertained
only upon such terms as the court may deem just and proper. Unless
reason appear to vary the rule, the party applying in all cases will
be taxed with the costs.
lla. When affirmance is asked upon certificate filed, there need
be nothing more than a request for affirmance, signed by the party
or his counsel; hut such request shall be accompanied by a transcript
of the record of the proceedings in the trial court sufficient to show
that such trial court had jurisdiction of the subject matter and parties.
The certificate of the clerk shall otherwise conform to the require.
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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/m1/19/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .