The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-10-13

ali to require elaboration. Texas to-
day has two supreme courts, one with
civil jurisdiction the other with GRIM
inal.
Resides these there are three inter-
mediate courts with civil jurisdiction
only whose judgments are final so far
as thew relate to the facts ola case but
from whose judgment on point of
law an appeal will lie to the supreme
court for final hearing.
The judicial power OF Texas at the
present is vested in series OF tribun-
ais of the most intricate composition
ever vet known in the history OF the
state and time alone can demonstrate
whether the present mode is as pro-
ductive of as much good as its project
ors claim and as everyone desires.
THE WEEKS WoRK-THE SUPREME
COURT.
The supreme court met Monday.
The cases on the docket were trans.
ferred to the different courts OF CIVIL
appeals. All motions for rehearing in
this court will be transferred TO the
courts of civil appeal. The following
have been transferred:
Bordagas VS.. Higgins, TO Galveston;
Gulf, Colorado and Santa Fe Railroad
company VS.. Killrbrau, to Fort Worth;
Mills county vs.. Brown county, and
Texas Mexican Railroad company vs.
Bias Tribe to Austin.
The Judges have been busy during
the week formulating rules Tor the
different courts. Those for the
supreme court are brief and are given
below, but those for the courts of civil
appeals are very comprehensive. The
court of criminal appeals will be gov.
erned by the rule, ofthe courts of civil
appeals, except when otherwise pro-
vided for. After promulgating the
rules the supreme court adjourned
until the first Monday in November.
THE COURT OF CIVIL APPEALS FOR
THE THIRD DISTRICT.
The court of civil appeals for the
third judicial district organized Mon
day morning, there being present
Chief Justice Fisher, Justices Collard
and Key and Clerks Vining and Shell.
lev. Chas. E. Pickle was chosen
stenographer.
The court will meet on Friday of
each week at a. m. to render Judg-
ments, read opinions and call the mo-
ton docket. The trial precedence
docket will be called for submission of
cases on the first Friday of each
month. Mondays and Thursdays will
be consultation days.
1t is likely that the same costs will
be charged by the courts of civil ap.
psals as have heretofore been charged
by the supreme court.
PERSONALS.
The following attorneys have been
in the court rooms during the present
week: Messrs. Bergstrom and Draugh
of San Antonio, E. HI. Graham of
Waco and Jno. d. Templeton of Fort
Worth.
RULES FOR SUPREME COURT.
The following have been adopted as
rules for the supreme court:
First-Applications for writs OF error
from this court to the several courts
of civil appeal shall consist of petit
ton addressed to the court and ac-
companying transcript certified under
the hand and seal of office of the clerk
of the court of civil appeals. The Pc
tition, in addition to the requisites
prescribed in the statute, shall show
that the applicant has made motion
for a rehearing in che court of civil
presenting distinctly all the
points upon which a writ of error is
asked, and that the motion has been
overruled. The transcript, in addi-
tion to the conclusions offact and law
and opinion of the court of civil ap-
peals and of the Judgment rendered
and bond given in the trial court as
required by the statutes, shall also
contain a copy of the judgment OF the
court of civil appeals, together with a
copy of the motion for rehearing
filed therein, and of the order over
ruling the same. The application
shall be deposited with the clerk of
this court.
Second-The clerk of this court
shall receive all applications for
writs of error and file the
petition and accompanying trans
cript from the court of civil ap
peals and enter the case upon a docket
kept for that purpose known as the
docket. But he shall not
be required to take the same from the
postoffice or any express office unless
the postage or express charges, as the
case may be, shall have been fully
paid. The cases shall be numbered
consecutively on the application
docket and the number shall be
placed upon the application. Upon
filing the app ication the clerk shall
issue a notice under his
hand and seal of office to the clerk of
the court from which the writ OF error
is sought, that the application has
been filed. After the receipt of such
notice the clerk of the latter court
shall withhold the mandate until all
vised of the disposition of the case in
this court by proper process.
Third-The application when filed
in accordance with law shall be
deemed submitted to the court and
ready for disposition unless the APP
plicant shall file with his petition
request for time in which Ia present
brief or written argument, in which
case period of time not exceeding ten
days may be allowed him for that pur-
pose The applicant, should he so
elect, may cite his authorities in his
petition or may file separate brief or
argument.
EOurt -JTnon q raf,l sal nv this oourf