Gammel's Rules of the Courts of Texas Page: 8 of 70
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TEXAS COURT RULES.
its conclusions of fact and law and its opinion will be read and considered
without being incorporated in the application.
A brief statement of the case, if desired, may, however, be made
in the first section or paragraph of the application.
(e) There shall be contained in the first section or paragraph of
the application a subdivision entitled:GROUNDS
In which subdivision it shall be made to affirmatively appear that
the case is one of which the Supreme Court has jurisdiction under
Article 1521, Revised Statutes, 1911, as amended by Chapter 55 of
the Acts of the Thirty-third Legislature, as amended by Acts of
the Thirty-fifth Legislature, and in which it shall further affirmatively
(1) If the case be one in which the judges of the Court of
Civil Appeals have disagreed upon a question of law material to
the decision of the case, that the disagreement is upon such a
question, which, together with the holding thereon of the majority
of the court and the dissenting judge, respectively, shall be specifically
and succinctly stated.
(2) If the case be one in which the Court of Civil Appeals has
held differently from a prior decision of its own, or of another
Court of Civil Appeals or of the Supreme Court, upon any
question of law, that such different holding is upon plainly a
question of law, which holding thereon, by the Court of Civil
Appeals, as well as that of such prior decision or decisions, and
the point of conflict between them, shall be specifically and
succinctly stated, with accurate reference to the book and page
of the reports where such action or decisions may be found.
(3 If the case be one which involves the validity of a statute,
in what respect its validity is involved, and what particular
provision or provisions are involved, if its alleged invalidity be
(4) If the case be one which involves the revenue laws of the
State, in what manner or respect such laws are involved.
(5) If the case be one in which the Court of Civil Appeals
has erroneously declared the substantive law of the case, that
the ruling complained of was upon a question or questions of
law that substantially affected the right of the plaintiff to recover
or the right of the defendant to maintain his defense.
(f) In cases in which the Railroad Commission is a party or in
which the revenue laws of the State are involved, any question of
law material to the decision of the case may be assigned; but in all
other cases the Supreme Court will only take jurisdiction for the
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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/m1/8/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .