Gammel's Rules of the Courts of Texas Page: 54 of 70
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TEXAS COURT RULES.
-court, that it contains a true copy of all the proceedings in the cause,
and shall be dated and signed officially by the clerk.
95. The clerk having made a transcript, upon the application of
-either party or his counsel, as prescribed in case of appeal, and in
case of writ of error, as directed by law, shall deliver it to such party
or his counsel when so made out, on demand, such delivery as to.the
appellant or plaintiff in error to be made to him or his counsel within
sixty days from the perfection of the appeal or the service of the
writ of error.
96. The notice of appeal and giving a bond on an appeal, and
-the filing of a petition and bond for writ of error, and the service
-of citations, will be regarded as an application to the clerk to prepare
-at once a transcript of the record for the appellant, or plaintiff in
^error, without further application.
97. The appellee, or defendant in error, or his counsel, to be
entitled to a transcript of the record shall specially make an application
to the clerk to make it out for him.
98. The clerk, having prepared a transcript, shall indorse upon
it as follows, to wit:
"J. K., Appellant, or Plaintiff in Error,
"N. M., Appellee, or Defendant in Error.
And on delivery of it to the party, or to his counsel, who had
:applied for it, he shall in all cases indorse upon it, before it finally
leaves his hands, as follows:
"Applied for by P. S. on the............day of........, A. D............., and
,delivered to P. S. on the............day of.................., A. D. ...........," and shall
:sign his name officially thereto. The same indorsement shall Be made
-on certificates for affirmance of the judgment.
99. Unless when specifically directed by statute, the clerk of a
trial court is not bound to transmit any transcript to a Court of
100. When the clerk shall have presented a transcript for examination
to the party or his counsel who has applied for it, and it is
found, in any particular whatever, to have been made out in viola-tion
of any of the preceding requirements, he shall be at liberty to
-return it as not being a complete and properly prepared transcript,
in time for correction by the clerk. And the reception of it by the
-party or his counsel, without being so returned for such purpose,
will be regarded as an assumption by him of all the responsibility
-for any and all deficiencies found in the transcript resulting from
the violation of these rules or of the statutes.
(See, authorities under Rules 1 and 2, Courts of Civil Appeals.)
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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/m1/54/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .