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

which the writ of error was sought to
be sued out, certified copy of the or
der OF this court denying such appli-
cation.
Fifth-If the application be granted,
the clerk shall issue writ of error to
the judges of the court, the Judgment
OF which is sought to be revised, ad-
wishing them that the writ of error has
been granted and directing them to
cause to be transmitted forthwith to
this court the original transcript of the
proceedings of the trial court, together
with all briefs and arguments on file
in the case; and the clerk shall also
issue a citation to the defendant or
defendants in error, or tohis or their
attorneys of record, notifying him or
them that the writ of error has been
granted, and of the date thereof, and
to appear and defend the same. Said
citation shall be returnable in ten
days, amt in the event ii be not served
the clerk shall issue other successive
citations until due service is had. Ser
vice of the citation upon one attorney
will be deemed service upon all par
ties represented by him. If no bond
be required the citation and writ of
error shall beissued Immediately upon
the granting of the application. If
a bond be required the writ
shall issue upon receipt OF the
duly certified copy of the bond
prescribed by the statute. Unless
further time be allowed by special
order of the court in the particular
cease the certified copy must be filed
in this court within ten days from the
granting of the application. If the
copy be not so filed the application
will be dismissed by the court of its
own motion.
Sixth-When service of the citation
in error shall have been had and the
original transcripts and briefs sent up
to this court by the court of civil ap-
peals, it shall be the duty of the clerk
to put the case upon the trial docket,
and to mark upon the file the number
of the case as shown upon such docket.
Cases upon the trial docket shall be
numbered consecutively in the order
in which they are entered thereon.
Seventh-Cases in this court will be
regularly submitted on Thursday of
each week-though a case may be set
down for submission upon another
udJ Wy UtO POI uuloolOu VI uliCOtloh Va
the court.
Eightb-A case shall stand for sub {
mission upon the first regular day forl
the submission of cases, coming after
the expiration of thirty days from the
day on which the writ of error shall
have been issued, provided the cita-
ton in error shall have been served
ten days before such submission day.
If not so served then the case shall be
subjected to submission on the first
regular submission day which falls
ten days after service of the citation.
Ninth-Motion in case not sub
mitted will be heard on the day rext
proceeding the submission day for
such cases; and the adverse party will
be required to take notice of all mo-
tions filed in the cause on or before
the Tuesday Immediately preceding
such submission day. Notice shall be
given of all motions filed after that
time.
Tenth-The clerk shall keep mo-
tion docket upon which shall be en-
tered every motion as soon as filed.
The motions shall be numbered con-
secutively upon the docket and its
shall be placed on the motion
itself.