Gammel's Rules of the Courts of Texas Page: 9 of 70
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TEXAS COTJRT RULES.
purpose of correcting errors of the character specifically designated
in subdivisions 1, 2, 3, and 6 of Article 1521, Revised Statutes of
1911, as amended by Chapter 55 of the Acts of the Thirty-third
Legislature, as amended by Acts of the Thirty-fifth Legislature, 1917.
(g) If the error complained of consists in the application by the
Court of Civil Appeals of the substantive law of the case it must be
made to affirmatively appear from the presentation of such ruling
that it was erroneous and in what matter it injuriously affected the
plaintiff's right to recover or the defendant's right to maintain his
(h) Each ground of error must be presented separately by an
assignment stating clearly and succinctly the error complained of,
which shall be immediately followed by such propositions of Iaw, if
the assignment be not itself submitted as a proposition, statement
from the record, and citation of authorities, as will show in what
manner the particular ruling complained of was reasonably calculated
to cause and did cause the rendition of an improper judgment
in the case.
(i) In the respect of assignments of error, propositions of law
and statements from the record, the application shall be complete in
itself, and references to the brief filed in the Court of Civil Appeals
for assignments of error, propositions of law or statements from the
record will not be considered. Reference may be made in the application
to the citation of authorities and the argument contained in
such brief under any assignment of error, which will be considered
if the page of the brief be given where the same may be found.
(j) Argument upon any assignment of error or proposition of
law thereunder may be contained in the application, but shall be
reserved for the conclusion of the application, following the presentation
of all assignments of error and propositions of law submitted,
and referring by its number to the assignment to which it
(k) The plaintiff in error shall file the application with the clerk
of the Court of Civil Appeals in which the proceedings sought to be
reviewed was had in the manner and time required by law, and
shall, in addition to such requirement, deposit with the clerk of said
court a true copy of the application to be delivered by said clerk
to the defendant in error, which copy shall not be marked filed. The
plaintiff in error, or the attorney, shall notify the attorney of the
defendant in error of the filing of the application and 'the deposit of
the copy thereof.
ANNOTATIONS. RULE 1.-Applications for Writs of Error. See,
Form No. 886.
(a) Shall be addressed to "The Supreme Court of Texas."
It must concisely state the question decided by the Court of Civil
Appeals in which error is asserted. More than one question may be
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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/m1/9/: accessed October 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .