Gammel's Rules of the Courts of Texas Page: 55 of 70
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TEXAS COURT RULES.
ASSIGNMENTS OF ERROR.
101. The appellant or plaintiff in error shall file his assignments
of error in the trial court as provided by Article 1612 of the Revised
Civil Statutes of 1911, as amended by Chapter 136 of the Acts of
Thirty-third Legislature; and the appellee or defendant in error may
file cross-assignments with the clerk of the trial court, which assignments
may be incorporated in his brief and need not be copied in
the transcript; provided, that assignments of error or cross-assignments
relating to any ruling or action of the trial cout or trial judge
which occurs subsequently to the rendition of a final judgment in
the case, may be incorporated in the brief filed in the Court of Civil
Appeals without being included in the transcript.
lOla. In all cases in which a motion for a new trial is filed the
assignments contained, in such motion or amended nation as finally
ruled upon by the trial court, shall constitute the assignment of
error. All errors not distinctly specified in such motion, or in the
assignments of error where a motion for a new trial is not filed,
shall be waived; but an assignment shall be sufficient which directs
the attention of the court to the error complained of, without the
necessity of stating therein the reasons for which it is claimed to
constitute such error, which reasons shall be submitted in propositions
under the assignment.
See, authorities under Court of Civil Appeals, Rules 22-28, and District
and County Court, Rules, 67-71a. Held, cross assignments of error will
not be considered, when not filed with the clerk of the trial court as
required by Rule 101. Guaranty State Bank vs. Hull, 165 S. W. R., 104;
Wright vs. Batt, 163 S. W. R., 360; Lee vs. White, 171 S. W. R., 756;
Eldorado vs. Thompson, 230 S. W. R., 738.
102. Appellant or plaintiff in error shall file a copy of his brief
in the trial court as directed by statute, which shall be received by
the clerk, and he shall indorse upon it his filing, with the date of its
delivery to him, and keep it among the papers of the cause, subject
to inspection, in his office, by any of the parties or their counsel, and
shall upon request, deliver a certified copy of it, and of his filing,
with its date; or if copies thereof, shall be presented to him, he shall
certify thereto for the party requesting it, but it shall not be copied
in the transcript.
See, authorities under Court of Civil Appeals, Rules 29-40. Held, brief
not filed in the court below not less than five days before the time of the
filing of the transcript in the Court of Civil Appeals, as required by
Article 2115, there being no agreement of counsel to waive such requirements,
will be stricken out on motion of appellee. Knight vs. Simmons
et al., 168 S. W. R., 1018; Anderson vs. Ineeda L.
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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/m1/55/: accessed April 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .