Gammel's Rules of the Courts of Texas Page: 51 of 70
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TEXAS COURT RULES.
lished should be stated as facts proved in the case; provided, an
instrument, such as a note or other contract, mortgage or deed of
trust, that constitutes the cause of action, on which the petition, or
answer, or cross-bill, or intervention is found, may be copied once in
the statement of facts.
73. When there is any reasonable doubt of the sufficiency of the
evidence to constitute proof of any one fact under the preceding rule,
there may then be inserted such of the testimony of the witnesses and
written instruments, or parts thereof, as relate to such facts.
74. When it becomes necessary to insert in a statement of facts
any instrument in writing, the same shall be copied into the statement
of facts before it is signed by the judge, and instruments herein
only referred to and directed to be copied shall not be deemed a part
of the record.
75. Where there is no dispute about, or question made upon, the
validity or correctness in the form of a deed, or its record, a will or
its probate, record of a court, or any written instrument adduced in
evidence, it should be described (and not copied) or its legal effect
as evidence stated, as a fact established.
76. When questions are raised on such instruments as are mentioned
in the preceding rules, only so much or such parts of them
shall be copied into the statement of facts as may be necessary to
present the question, and the balance of them shall only be described
or presented, as prescribed in the preceding rule.
77. The commissions, notices and interrogatories in depositions,
adduced in evidence, shall in no case be inserted or copied into a
statement of facts, but the evidence thus taken and admitted shall
appear in the statement of facts, in the same manner as though the
witness had been on the stand in giving his evidence, and not otherwise,
in form or substance.
78. Neither the notes of a stenographer taken upon the trial, nor
a copy thereof made at length, shall be filed as a statement of facts;
but the statement made therefrom shall be condensed throughout in
accordance with the spirit of the foregoing rules upon this subject.
The Statement of Facts. Held, that the provisions of Articles 1924,
2070, and 2072, construed together simply mean that an appellee has
the right to require that the statement of facts be prepared in the manner
provided by Articles 1924 and 2070, and if prepared in any other manner
and he has not agreed to it, he has the undoubted right to have it
stricken out by the appellate court upon motion seasonably presented; but
the parties, appellant and appellee, may make or agree to a statement
of facts prepared in any other manner, and, when so made or agreed
to, it is binding upon the appellee, and he has lost his right to object
that the provisions of Articles 1924 and 2070 were not observed in its
preparation. G., C.
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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/m1/51/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .