Gammel's Rules of the Courts of Texas Page: 52 of 70
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52
TEXAS COURT RULES.
Co., 163 S. W. R., 381. Held, under Article 2073, that a statement of
facts is filed in time if filed at a date before the transcript is required by
law to be filed in the appellate court. Conn et al. vs. Houston Oil Co.,
171 S. W. R., 520.
CLERKS.
79. The clerks of the district and county courts shall keep a court
docket, in a well-bound book, ruled into columns, in which they shall
enter, in the first column, number of case and name of attorney;
second, names of the parties; third, nature of the action; fourth, the
pleas; fifth, ruling of former terms; sixth, the motions and ruling
of the present term.
80. The cases shall be placed on the docket as they are filed.
81. The clerk shall at each term make out two copies of this
docket, one for the use of the court, and one for the use of the bar.
82. In preparing the court docket, it shall be the duty of the clerk
to designate the suits by regular consecutive numbers, called file
rrmnbers, and he shall mark on each paper in every case the file number
of the cause.
83. In every case appealed to a Court of Civil Appeals, the clerk
shall, in making up the docket at each succeeding term, keep the said
cause in its proper place on the docket for disposition after being
decided; and, at the next term after issuing a writ of error, the clerk
shall replace the cause on the docket, with its original file number.
84. In making a complete record, as prescribed, by statute, all the
proceedings in the case shall be entered in the order of time in which
they occur; provided, amended pleadings shall take the place of those
for which they are substituted, and the pleading thus superseded
(except such as are specified in rule 14), and those that are abandoned
as shown by an order or judgment of the court, shall be left
out of the record.
TRANSCRIPT ON APPEAL OR WRIT OF ERROR.
85. In making a transcript, the proceedings shall be entered in
the order of time in which they occurred, as prescribed in the preceding
rules, unless, with the approval of the judge, counsel on each side
shall agree in writing, to be itself filed and copied in the transcript,
directing the clerk which of the papers may be left out, as being
useless in the decision of the case; provided, subpoenas shall not
be inserted, nor shall the citations in cases where the defndant or
defendants have filed answers, unless some question is made upon
them which will require them to be copied.
86. All bills of exceptions and statements of facts shall be literally
transcribed; and the clerks are hereby prohibited from copying as
parts of the same any instrument in writing, or document not originally
inserted therein, but merely referred to and directed to be
copied from some other paper in the case.
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5836/m1/52/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .