Gammel's Rules of the Courts of Texas Page: 21 of 70
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TEXAS COURT RULES.
entered of record, extend the time for filing same. Sewall vs. Colby et
al., 163 S. W. R., 694.
(2) Rule 9-Motions to Dismiss for Want of Jurisdiction, Etc. Motion
filed on the day before submission, and on the same day that defendant
in error filed his brief, there being no waiver of notice, held filed too
late. McPhaul et al. vs. Byrd et al., 174 S. W. R., 644; Ferguson vs.
Beaumont, 154 S. W. R., 303; Ricker vs. Collins, 81 T., 662 (17 S. W. R.,.
378). See, authorities cited under District Court Rule 103.
(3) Rule 11-Motions for Certiorari to Perfect the Record. See,
subdivisions above, under Rules 1, 2. Filed too late, when. See, Freeman
vs. Walker Laughlin vs. Dabney, 86 T., 120 (24 S. W. R., 259);
Holland vs. Brown Chambers vs. Grisham,
155 S. W. R., 959; First Nat. Bank vs. Hix, 156 S. W. R., 535. Held,
until service of the writ of error, the plaintiff in error is not required to
file the transcript with the clerk of the appellate court, and said court
is without jurisdiction to adjudicate the case until service or waiver of
citation in error. Morris vs. Anderson, 147 S. W. R., 367; Simang vs.
Smith, 150 S. W. R., 494; Carney vs. Menefee, 118 S. W. R., 1083 (53
C. A., 490). See Art. 1610.
16. The clerk, before the regular call of the trial docket, shall
have the file number indorsed on each transcript. Where briefs have
been filed in a case, the name of the attorney or attorneys signed to
the brief shall be entered by the clerk on the trial docket, opposite
the name of the appropriate party, and that shall indicate to the
court who appears for such party in the cause.
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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/m1/21/: accessed May 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .