Gammel's Rules of the Courts of Texas Page: 57 of 70
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TEXAS COURT RULES.
P. Ry. Co. vs. Cheek et al., 159 S. W. R., 427; Graves vs. Horn, 89 T., 77
(33 S. W. R., 322); Bargna vs. Bargna, 123 S. W. R., 1143.
RULES OF THE DISTRICT COURT IN APPEALS IN ADMINISTRATION CASES
FROM THE OOUNTY COURT.
106. Motions to dismiss appeals shall be placed on the motion
docket and determined as other motions.
107. Motions for certiorari to perfect the record shall be accompanied
by a sworn statement, showing in what particular the transcript
is defective, unless it shall sufficiently appear by the record
itself. The cost of the motion and additional record, and of the
term, if it causes a continuance of the case, shall be taxed against
the appellant, whose duty it is to have a correct record filed, at the
discretion of the court.
108. In appeals from the county court in cases pertaining to the
estates of deceased persons, the transcript shall not contain anything
which does not relate to the order, decision or judgment appealed
from. Where the appeal has been taken by the same person from
more than one order, decision or judgment entered of record in the
same estate, at the same term of the county court, all of the proceedings
in each appeal being kept distinct, may be embraced in the same
RULES GOVERNING IN CRIMINAL CASES IN OOUNTY AND DISTRICT COURTS.
109. The clerks of the district and county courts shall record the
proceedings had in their courts in the order of time in which they
110. The record should show, and it should appear in the transscripts
of the record for the Court of Criminal Appeals:
First. That the indictment was presented in open court, a quorum
of the grand jury being present.
Second. That the defendant pleaded to the indictment, or that
a plea was entered for him.
Third.. In capital felonies, that the defendant was arraigned and
pleaded, or that, upon his refusal to plead, a plea was entered by the
Fourth. That the jury trying the cause was empaneled and sworn
according to law.
Fifth. That a final judgment was entered in the cause.
111. Transcripts of the record for the Court of Cromal Appeals
shall not be incumbered with copies of capiases, bondsi recognizances,
subpoenas, attachments for witnesses, or any of the proceedings had
on a former trial, where a new trial has been granted, unless there is
some question expressly raised on the trial, with reference to such
proceedings, which requires revision in the Court of Criminal
Appeals, or in scire facias cases, on appeal or writ of error.
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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/m1/57/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .