« PreviousContinue »
CONTAINING ALL THE CURRENT DECISIONS OF THE
SUPREME COURTS OF MISSOURI, ARKANSAS, AND TEN-
CIVIL APPEALS OF TEXAS.
AUGUST 8, 1892-FEBRUARY 13, 1893.
WITH TABLE OF SOUTHWESTERY CASES IN WHICH REHEARINGS HAVE BEEN Denied.
PEALS REPORTS; 83 AND 84, Texas (SUPREME COURT) REPORTS.
A TABLE OF STATUTES CITED AND CONSTRUED IS
GIVEN IN THE INDEX.
SOUTHWESTERN REPORTER, VOLUME 20.
COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.
ORDER OF COURT. SUPREME COURT OF TEXAS.
IN SESSION AT AUSTIN, OCTOBER 8, A. D. 1892. It is ordered by the court that the following rules to regulate proceedings and expedite the dispatch of business in this court and the other courts to which they apply, made in exerciso of the power con. ferred upon this court, be and the same are hereby adopted as rules and regulations for this court and said other courts, and that they go into effect and be observed from and after this date.
It is further ordered that the reporter of this court be requested to insert a copy of said rules in the eighty-fourth volume of Texas Reports, and that there also be published one thousand copies in pamphlet form
Rules for the Supreme Court.
1. Applications for writs of error from 3. The application, when filed in accordthis court to the saveral courts of civil ance with law, shall be deemed submit. appeals sha' cunsist of a petition ad- ted to the court and ready for disposidressed to the court and accompanying tion, unless the applicant shall file with transcript certified coder the band and seal his petition a request for time in which to of Office of the clerk of the court of civil ap- present a brief or written argument, in peals. The petition, in addition to the which case a period of time not exceeding requisites prescribed in the statute, shall ten days may be allowed bim for that show that the applicant has made a 110- purpose. The applicant, should be so tion for a rehearing in the court of civil elect, may cite bis authorities in his peti. appeals, presenting distinctly all the tion, or may file a separate brief or argupoints upon which a writ of error is asked, nient. and tl:at the motiou has been overruled. 4. Upon a refusal by this court of an ap. The transcript, in addition to the conclu- piication for a writ of error, the clerk of sious of fact and law and opinion of the this court shall transmit, with the least couri oi civil appeals, and of the judgmont practicable delay, to the clerk of the court rendered and bond given in the trial court, of civil appeals, to wbich the writ of error as required by the statuto, shall also con- was sought to be sued out, a certified tain a copy of the judgment of the court cops of the order of this court denying of civi! appeals, together with a copy of such application. the motion for a rehearing filed therein, 5. If the application be granted, the and of the order orerruling the sains. The clerk sball issue a writ of error to the application shall be deposited with the judges of the court the judgment of which clers of this court.
is sought to be revised, advising them 2. The clerk of this court shall receive that the writ of error has been granted, all applications for writs of error, and file and directing them to cause to be transthe petition and accompanying transcript mitted forth with to this court the origi. from the court of civil appeals, and enter nal transcript of the proceedings of the the case upon a docket kept for that pur- trial court, together with all briefs and pose, krown as the “Application Docket.” arguments on file in the case; and the But he shall not be required to take the clerk shall also issue citation to the desame from the post office or an express fendant or defendants in error, or to his office unless the postage or express char- or their attorneys of record, notifying kes, as the case may be, shall have been him or them that the writ of error has Tully paid. The cases shall be numbered hcen granted, and of the date thereof, and consecutively on the application docket, to appear aud defend tho sanie. Said ciand the number shall be placed upon the tation shall be returnable in ten days, and application. Upon filing the application in the event it be not served the clerk shall tbe clerk shall immediately issue a notice issue other successive citations until due onder his hand aud seal of office to the service is had. Service of thecitation upon clerk of the court from which the writ of one attorney will be deemed service upon error is sought that the application has all parties represented by him. If no bond been flod. After the receipt of such notice be required, the citation and writ of error the clerk of the latter court shall withhold shall issue immediately upon the granting the mandate until advised of the disposi. of the application. If a bond be required, tion of the case, in this court, by the the writ shall issue upon receipt of the proper process.
duly-certified copy of the bond prescribed 20s.w.