The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-07-04
NEW SUPREME COURT RULES
ALSO RULES FOR THE COURTS
OF CIVIL APPEALS AS
WE'LL.
SOME CHANGES OF MUCH IN
PORTANCB ARE MADE.
All the Lawyers Should Pay Close Atten-
ton to the Rules as They Will
Save Them Much Trouble
in the Future.

follows:
1. Applications for writs of error shall
consist of a petition addressed to this
court, embracing specific assignments of
error confined to the points of law pre-
scented in the motion for rehearing in the
court of civil appeals; of the original pa
pers containing the conclusions of law and
fact of the latter court Gncluding their
statement of the case and Opinion) and of
the original motion for a rehearing-all
of which original papers, as we'll as the
transcript of the proceedings in the trial
court and transcript of the orders and
Judgment of the court of civil appeals,
and the briefs filed therein, shall accom-
pany the petition. A motion Tor re
hearing must be made in the court of
civil appeals and overruled before apply
ing for the writ of error. The petition for
the writ shall be as brief as practicable,
and need only contain the requisites pre-
scribed by the statute. The statement of
!. the cause by THE court of civil appeals,
Their conclusions of fact and law, and
their opinion will be deemed part of the
petition without being referred to therein;
and if it appear therefrom that the case
eral rule, the jurisdiction of the court of
civil appeals is not made final by the
statute, and that the Judgment has been
affirmed, the facts to show jurisdiction
in this court need not be alleged, but If
it appear therefrom that the case belongs
to either of the classes over which, as a
general rule the courts of civil appeals
have final jurisdiction, or that the Judg-
ment has been reversed with an order
Al, thn
must contain averments, showing that
the case comes within some one of the
exceptions contained in the statutes, so
as to make the jurisdiction of this court
apparent. The opinion, together with
statement of the case comes within some
of one of the exceptions contained in the
statutes, so as to make the jurisdiction
of this court apparent. The opinion, to-
Sether with the statement of the case
and the conclusions of the court of civil
appeals, will be read by the court in con-
necton with the application, so that no
matter will be stated in the petition which
appears in such statement, conclusions
and opinion. IT, in Hhe opinion of coun-
sell the statement of the case as made
by the court of civil appeals is sufficiently
full and accurate to present properly the
questions to be determined by the court,
no additional statement should be made
uUueE ANY dSSlS ulueuJ, DuI IL HOlS lhCh
under each assignment counsel Will make
a statement pointing out the alleged omis-
0ns, inaccuracies or errors in the courts
ltement and conclusions of fact, so far
may be deemed necessary to properly
assent the question raised by such as
tgnment, and will support it by refer
ence to the transcript of the proceedings
in the trial court. The reference shall
cite the particular part or parts of the
4po int io1 nntinn 40
and line. both of the beginning and of the
ending of the matters referred to-. Each
assignment and statement, if there be
any, may be followed by such argument
and citation of authority as counsel see
proper to present
2. The clerk of this court shall receive
all applications for writs of error, and
file the petition accompanying transcript
from the court of civil appeals, and enter
the case upon docket kept for that pur-
pose known as the application docket.
But he shall not he required to take the
same from the postof1ice or an express
Office unless the postage or express charg-
es, 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.
7. dI3DllCdllOI lDI IL VIII vi cllOl, lnt NlClh
OF this court shall transmit, with the
least practicable delay, to the clerk of the
court of civil appeals, to which the writ
of error was sought to be sued out, GER
tilted copy of the order of this court de-
nying such application, and shall return
all the file papers of that court to the
clerk thereof. but shall not return petit
tion for the writ of error.
3. If the application be granted, the
/ fA tINn
Judges of the court the judgement of
which is sought to be revised, advising
them that the writ of error has been
granted. and the clerk shall also issue
citation to the defendant or defendants
in error, or to his 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 de-
fend the same. Said citation shall be re-
turnabe in ten days, and in the event 1t
he not served. the clerk shall issue other
successive citations until due service is
had. Service of the citation upon one at,
-,tGney will be deemed service upon all
& parties represented by him. If no bond
be required. the citation and writ of err
ror shall issue Immediately upon the
granting of the application. If bond be
required, the writ shall issue upon re-
ceipt 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 case, 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.
&. When service of the citation in error
shall have been had. 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 the
docket. Cases upon the trial docket
shall be numbered consecutiyeIy IN the
order in which they are entered thereon.
g. IA case shall stand for SUBMISSION on
the first regular day for the submission
Of causes, coming after the expiration
of twenty days from the day on whlch
the writ of error shall have issued; pro
vided, the citation in error shall nave
been served ten days before such, suom,s-
sion day. If not so served, then me
cause shall be subject to submission me
6rst regular submission day, which faIs
fan days after service of the citation.
II is also ordered that the following
additional rule for the government OF the
nractice in this court be adopted:
1,,l Gov