Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-05-23
CIVIL COURT OF APPEALS.
Full Report Of Decisions Rendered by The
Court for The Second District

Texas and Pacific Railway company Va
Sidney Wilson, from Ntaysoh.
The petition for writ OF error contains
fun statement of the pleadings and other
proceedings In the lower courts, together
with n statement Of the testimony OF one
OF the witnesses uuu cuplous extracts OF the
district Judge upon the facts and the law:
aud the objections urged In the court OF
ciyil appeals aud the action Of that court
ON those objections Otherwise there Is no
assignment uf errors attempted to be made
To THIS court, and We feel constraihel 10
hold that there las not been Il compliance
with the statute and the rule upon this
subject. Whom the rules were adopted u
was not thought advisable to enbQdy Ia
them tie statutes on the same subjects,
consequently the rule In regard to uppllca-
lions TO this court for writs Of error must
be- considered In connection with article
lOllh of the uct Of The. 18th OF April, lsN2.
1t VIII be seen that the law requires that
the petition OF the applicant shall follow
un allegation OF the names and residences
OF the opposite parties with brief state
grounds upon which the writ Of error IL
prayed" No statement Of the pleadings or
their Substance IL required, or proper unless
Il IL nindo 80 by reason OF some Issue upon
Their being presented TO this court for Its
decision Otherwise u mere designation VI
tie nature of the ncndings, or the charae-
Ter Of the action, Is an that IL proper In
the "statrment uf the nature OF Ills cnsc. -
Ordinarily the findings OF fact by the court
OF civil appeals viii sufficiently advise this
court NJ the merits OF the controversy. So FUR
Ms they depend upon the facts, A statement
81 tue evidence or any part OF 1t. can not
be useful or proper, except as Part OF
testimony, or when In extreme cases n
may become material FOR this court to de
eide whether or not there WIS any evidence
IN support of given issue,
where u does OF otherwise appear from
the record the petitinn should show, hy an
prIprintc allegations Of fact relating 10 Tile
subject matter OF the controversy, that the
cnse " one, over which this court eau cx-
errise Jurisdiction, The transcript that ac-
cumpAnies the petition viii be treated ly
this SQUIRT as part OF H., aud may be re-
fcrred TO In the petition; but Il Ia not nee
essary, nor advisable, 10 copy Into the petit
nun any ot the proceedings contained In the
accompanying transcript The purpose OF
In the court ot ciyil appeals Is to ensure
the decision, by that court, OF the very cues
ton intrnded TO be brought before this
court The law expressly requires thnt he
| petition shall STATE 1.-THE ground upon which
| the wit OF error Is prayed"
~ u not likely that the complaining party
| Will IN every Instance. desire TO present 10
| lhls court every polut included in a motion
for rehearing made in the court OF civil
/ appeals
| Instead OF merely copying the motion for
/ rehcGiinK or reciting IN th. petltiou for "A
writ Of error that certain nssicnmepts Of
I error were unsuct essflly urgel IN the tourt
| OF ciNn appeals, it IL essential that the
/ errors Of that court be distinctly pointed
I ont In the petition.
| The petition In this case does not con.
\ tam such an assignment OF ertorp and Tn
| eppueauon must therefore be dismissed
| Opinion by Henry. A. ].