Gammel's Rules of the Courts of Texas Page: 34 of 70
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TEXAS COURT RULES.
as a matter of law, upon the evidence contained in the record, one party
or the other is entitled to judgment. Stevens vs. Masterson, 90 T., 417
(39 S. W. R., 292, 921); Railroad Co. vs. Strycharski, 92 T., 1 (37 S. W.'
R., 415). There shall be no reversal or dismissal for want of form, provided
sufficient matter or substance be contained in the record to enable*
the court to decide the same upon its merits. Art. 1628.
REHEARING IN THE COURTS OF CIVIL APPEALS.
63. Motions for rehearing shall be made and conducted strictly
in accordance with the statute, which describes the manner of this
64. Where a Court of Civil Appeals adjourns for the term within
less than fifteen days after the rendition of judgment, the issuance
of the mandate shall, unless otherwise ordered, be withheld until the
expiration of said period; and if, within that period, an application
for rehearing shall be presented to the clerk of the court at that
place, the issuance of mandate shall be further withheld to await the
action of the court on said application.
65. Upon the rendering of the judgment in the Court of Civil
Appeals, as well as upon the making of an order overruling the
motion for a rehearing, the clerk shall immediately give notice by
postal card to the attorneys of the respective parties of the disposition
made of the cause or of the motion, as the case may be, for
which service he shall tax the usual fee as a pait of the costs in the
case. But the mailing of such notices shall not relieve the parties of
the responsibility of taking notice of the disposition of the cause or
motion, and the failure to receive a notice so mailed shall be no
excuse for delay in taking such future action as may be desired in
reference to the case within the time prescribed by the statutes and
66. Upon the presentation to him of an application for a writ of
error, the clerk of the Court of Civil Appeals shall withhold the mandate
until,properly advised of the disposition of the case by the
67. Whenever a Court of Civil Appeals shall decide any question
which may come before it for determination and shall deliver a written
opinion thereon, and shall, upon a motion for a rehearing or upon
their own motion, certify such question for the decision of the
Supreme Court, the original opinion or a copy thereof, as well as a
copy of the briefs of counsel on file in such court, shall accompany
the certificate sent up to the court. If the original opinion be sent
up, it shall be the duty of the clerk, when he sends down the answer
to the question, to accompany the same with such original opinion.
Motion for rehearing may be filed in the Court of Civil Appeals within
fifteen days after date of entry of the judgment or decision of the courts,
or the filing of the findings of fact and conclusions of law; provided,
that, should the court adjourn within less than fifteen days after the
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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/m1/34/: accessed July 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .