The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-07-04
the notices to attorneys of the DISPOSE
ton of cases, shall govern in this court.
RULES COURTS OF CIVIL AP-
PEALS,


ton of cases, shall govern in this court.
RULES4.3OURTS OF CIVIL AP-
PEALS.
, 1t is further ordered that the following
rules, numbered l, s, Is, go 81, 90, Of,
and Ga be adopted in lieu of existing
rules l, s, Is, go 81, %, 90, and Ga, OF
rules for the government of the courts of
civil appeals, and that the following ad-
ditional rules, numbered respectively Ia,
Ala, 53a, Go and &C, be adopted for the
government of said courts:
l. The clerks of the courts of civil
appeals shall receive the transcripts de-
livered and sent to them, and receipt for
the same if required, but they shall not
be required to take a transcript out of
the postotfice or an express office unless
the postage or charges thereon be fully
paid. Upon receipt of the transcript it
shall be the duty of the clerk to examine
it in order to ascertain whether or not,
in case of an appeal, notice of appeal and
a proper appeal bond, or affidavit in lieu
thereof (where bond is required, have
been given; and in case of a writ of error,
whether or not the citation in error APP
pears to have been duly served, and error
bond, or affidavit in lieu thereof (where
such bond is reQuired), appears to have
| been filed. If it seem to him that the ap-
peal or writ of error has not been duly
perfected, he shall note on the transcript
the day of its reception and refer the mat
ter to the court. If upon such reference
the court shall be of opinion that the
transcript show that the appeal or writ
Of error has been duly perfected, they
shall order the transcript to be filed as
of the date of its reception. If not they
shall cause notice of the defect to issue
to the attorneys of record of the appellant
or plaintiff in error, as the case may be,
10 the end that they may take steps to
amend the record, if it can be done, for
/ doing which a reasonable time shall be al
lowed. If the transcript does not show the
jurisdiction of the court, and if after no.
| tice it he not amended, the case shall be
dismissed
| Z. If the transcript when filed in the
| court of civil appeals shall not be indeXed.
as required by rule 90 of the rules for
| the government of the district courts, the
court of civil appeals may cause a proper
index to be made by the clerk of their
court, and shall cause the costs of the
same to be taxed against the plaintiff in
error, or appellant, as the case may be-
s. All motions relating to informalities
in the manner of bringing a case into
court, shall be filed and entered by the
clerk on the motion docket at least As
hours before 10 o'clock a. m. of the day
on which the cause is set for a hearing"
under section % of the act entitled San
act to organize the courts of civil appeals.
to define their jurisdiction and powers.
and to prescribe the mode of procedure
therein" approved April 13, 1892. other
wise the objection shall be considered
as waived by the party; such filing and
docketing will be sufficient notice of the
motion.
ID. The motion docket shall be called on
the day of each week next before the
| day set apart for the submission of
causes, when the motions filed and dock
eted according to the preceding rules
Will be in order for submission at the in
stance of either party; and if not sub
mltted then, may be submitted at the
regular call of the trial docket, unless
sooner called up and disposed of.
81. The appellant or plaintiff in error
| IN preparing his brief. shall, as an intro
duction, make general and succinct state
ment of the nature and result of tbn
SUIT, followed by statement of all the
material facts proved upon the trial
IN so far as they bear upon the issues
TO ne presented, specifying the facts upon
Whlcn there is a conflict in the evidence
ana giving the substance of the evidence
adduced by each party upon such conflict
court ,oS ' tr,,o Mnl pG accepted by the
fendont in u orro oniieS U.s. me appellee or de
noint '~ ont ir r, brrof Snali OBJECT to it and
rorrect ubor me- ~ suci statement is in
record +o "" osoo ,ne court VIII examine the
sustained h %St tf, Mhlcn n, statement is
nnJor ooab ny une record. Ihen each point
mon sho1I I Ln 81 me assignments relied
nronoSit t|,, uv 0I stated IN tne shape of a
iS IN tho unieSs the assignment itself
moin+oino shapt Or proposition to be
70 nnnr tbo anu tnen 1t Will be sufficient
tbot oi+ irr "ssisniieht; ANA IN the event
hv him r'"e 81, KITTY III the 'Dret submitted
| foroaniro, 'mou .. llI 10 comply with the
r orrj;Ulns requirement, or with any other
- q nha ninehI prescribed ny these rules,
n ~ Snnll ne tne DUTY of the court, of its
Om 5 hlotlon' either to strike out the brief
o on4 - ~ require a proper brief to be filed.
II ~ ttluire II to be amended, as in the
,alscretIon OF the court may be deemed
D DGst. Upon failure of the party to com
ply WIN the order of the court recurring
a. n a Drlet to be filed or an amendment
10 DE made, the court shall, if the plaintiff
~! ~ error, OF appellant be at fault. dismiss
J 5le cause and if the fault be on part of
ueIellgant IN error or appellee. shall dis
| ItSdTu MS brief.