Gammel's Rules of the Courts of Texas Page: 46 of 70
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TEXAS COURT RULES.
matters within the knowledge or information of the judge, to he
stated on the record.
50. No attorney, or other officer of the court, shall be surety in
any cause pending in the court, except under special leave of court.
51. Any attorney who shall bring a fictitious suit as an experiment
to get an opinion of the court, or who shall file any fictitious
pleading in a cause for such a purpose, or shall make statements in
pleading, presenting a state of case which he knows to be groundless
and false, for the purpose of securing a delay of the trial of the
cause, shall be held guilty of contempt; and the court, of its own
motion, or at the instance of any party, will direct an inquiry to
ascertain the facts.
52. After the court has pronounced its opinion upon a question
made, no further argument will be heard; but if counsel think the
court has fallen into error as to law or fact, they may submit a
statement in writing, which the court will receive and consider.
BILLS OF EXCEPTION.,
53. There shall be no bills of exception taken to the judgments of
the court, rendered upon those matters, which, at common law, constitute
the record proper in the case, as the citation, petition, answer,
and their supplements. and amendments, and motions for a new trial,
or in arrest of judgment, and 'final judgment.
54. The charges of the court that are given, and those asked that
are refused, when signed by the judge and filed by the clerk, being
made thereby a part of the record by statute, should not, in civil
causes, be made a part of a bill of exceptions.
55. The rulings of the court upon applications for continuance
and for change of venue, and other incidental motions, and upon the
admission or rejection of evidence, and upon other proceedings in
the case not embraced in the two preceding rules, when sought to be
complained of as erroneous, must be presented in a bill of exceptions.
signed by the judge and filed bv the clerk, or otherwise made according
to the statute, and they will thereby become a part of the record
of the cause and not otherwise.
56. Exceptions to evidence, admitted over objectionsm'ade to it
on the trial, may be embraced in the statement of facts, in connection
with the evidence objected to, provided the statment of facts be presented
to the judge within the time allowed for presenting bills of
exceptions, and be filed in term-time.
57. Exceptions to the admission of evidence on the trial, where
no reason is assigned for objecting to if, shall not be sustained where
the evidence is obviously competent and admissible, as tending to
prove any of the facts put in issue in the pleadings; and in all cases
the court, when deemed necessary, may call upon the party offering
the evidence to explain the objects of its admission, and also upon 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/m1/46/: accessed October 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .