Gammel's Rules of the Courts of Texas Page: 32 of 70
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TEXAS COUIRT RULES.
attorney, shall be allowed to take the transcript out of the clerk's
office until after said party has filed his motion for a rehearing, or
until after the time for filing such motion has expired.
57. Original papers sent up with the transcript by order of the
trial court for the inspection of the appellate court will be retained
in the office, and will not be allowed to go out of the custody of the
clerk, except by order of one of the justices of the court, which order
must be filed with the papers of the cause.
58. The clerk shall furnish the parties and counsel with an opportunity,
when reasonably applied to for that purpose, to inspect the
records, judgments, papers, opinions, books and dockets in his office
in which they may be interested; but hepstall not be required to
permit copies thereof to be taken without his consent. He shall upon
tender or reasonable compensation give certified copies of the records
of his office.
59. The clerk shall be responsible for every transcript or other
paper in a cause that is missing from his office unless he can produce
the receipt of an attorney for the same, or otherwise show, by satisfactory
evidence, that someone took it from his custody, or from the
court room, without his consent, or that said transcript had passed
into the hands of one of the justices of the court, and had not been
returned to his custody.
60. No attorney shall take, or suffer to be taken, any transcript
or other paper for which he has receipted out of the reach of the
court so that it can not be produced in court or in the clerk's office
when it is needed.
61. The reporter shall have access to the minutes and judgments
of the court, and shall have custody of the transcripts, briefs and
opinions so long as may be necessary to discharge his duties as
62. In all cases in which appeals or writs of error are dismissed,
the appellant or party filing the transcript, without further leave of
the court, shall have the right to withdraw the transcript, unless it
contains original papers belonging to an adverse party, in which
even leave of court shall be had before such original papers are withdrawn.
62a. No judgment shall be reversed on appeal and a new trial
ordered in any cause on the ground that the trial court has committed
an error of law in the course of the trial, unless the appellate
court shall be of opinion that the error complained of amounted to
such a denial of the rights of the appellant as was reasonably calculated
to cause and probably did cause the rendition of an improper
judgment in the case, or was such as probably prevented the appellant
from making a proper presentation of the case to the appellate
court; and if it appear to the court that the error affects a part only
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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/m1/32/: accessed February 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .