Gammel's Rules of the Courts of Texas Page: 56 of 70
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TEXAS COURT RULES.
JURISDICTION OP THE DISTRICT COURT OVER APPEALS OR WRITS OF ERROR.
103. When there shall be no bond or affidavit filed, the appeal
dr writ of error shall be considered as abandoned.
( 104. When no transcript of the record, or no certificate for
ffirmance has been filed in a Court of Civil Appeals, at the term of
the court to which the appeal or writ of error in which citation has
,been served is returnable, the appeal or writ of error shall be considered
as abandoned, of which the certificate of the proper clerk
of the appellate court, given at the end of said term, that no such
case has.been filed in said court, shall be prima facie evidence.
105. Rules for the government of the district and county courts,
heretofore made and published, shall be superseded from and after
the time when these rules shall go into effect.
Rule 103. See, authorities under Motion, Court of Civil Appeals, Rule
8. Held, an appeal bond filed in the trial court more than 20 days after
the expiration of the term of court, and which could not by law continue
more than eight weeks, was filed too late under Article 2084, and the Court
of Civil Appeals was without jurisdiction of the appeal, as was the Supreme
Court on writ of error. Dilworth et al. vs. Ed. Steves Hugo et
al. vs. Saffel et al., 92 T., 414 (49 S. W. R., 369); Garner vs. Jameson, 162
S. W. R., 940; Crawford vs. Wellington Ry. Co., 174 S. W. R., 1004. Filing
of a new affidavit in lieu of a defective appeal bond, with petition in error,
held unauthorized. Jesse French Piano Co. vs. Elliott, 166 S. W. R., 129.
Held, notice of appeal must be given in open court and necessary bond
must be filed, as required in Article 2084. Kolp vs. Shrader, 168 S. W.
R., 164; Robinson vs. Moore, 166 S. W. R., 908; Bolton vs. U. S. Fidelity
Co. vs. Stapp, 171 S. W. R., 1080; Evans vs. San Antonio
Traction Co., 166 S. W. R., 408; Cooper vs. Yoakum, 91 T., 391 (43 S.
W. R., 871); Schleicher vs. Runge, 90 T., 456 (39 S. W. R., 279); Milo et
al. vs. Nuske et al., 95 T., 243 (66 S. W. R., 544); Carpenter vs. Carpenter
(S. C.), 142 S. W. R., 633. Affidavit of inability to pay costs of appeal,
made by attorney before notary, held insufficient, under Article 2098
(1401); Jesse French Piano Co. vs. Elliott, 166 S. W. R., 29; Missouri
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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/m1/56/: accessed October 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .