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CONTAINING ALL THE CURRENT DECISIONS OF THE
SUPREME COURTS OF MISSOURI, ARKANSAS, AND TEN-
AUGUST 8, 1892-FEBRUARY 13, 1893.
WITH TABLE OF SOUTHWESTERN CASES IN WHICH REHEARINGS HAVE BEEN DENied.
A TABLE OF STATUTES CITED AND CONSTRUED IS
SOUTHWESTERN REPORTER, VOLUME 20.
COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.
ORDER OF COURT. SUPREME COURT OF TEXAS.
IN SESSION At Austin, OCTOBER 8, A. D. 1892.
It is ordered by the court that the following rules to regulate proceedings and expedite the dispatch of business in this court and the other courts to which they apply, made in exercise of the power conferred upon this court, be and the same are hereby adopted as rules and regulations for this court and said other courts, and that they go into effect and be observed from and after this date.
It is further ordered that the reporter of this court be requested to insert a copy of said rules in the eighty-fourth volume of Texas Reports, and that there also be published one thousand copies in pamphlet form.
Rules for the Supreme Court.
1. Applications for writs of error from this court to the səvɛral courts of civil appeals sha!' consist of a petition addressed to the court and accompanying transcript certified under the hand and seal of Office of the clerk of the court of civil appeals. The petition, in addition to the requisites prescribed in the statute, shall show that the applicant has made a motion for a rehearing in the court of civil appeals, presenting distinctly all the points upon which a writ of error is asked, and that the motion has been overruled. The transcript, in addition to the conclusious of fact and law and opinion of the coure of civil appeals, and of the judgmont rendered and bond given in the trial court, as required by the statute, shall also contain a copy of the judgment of the court of civi! appeals, together with a copy of the motion for a rehearing filed therein, and of the order overruling the same. The application shall be deposited with the clerk of this court.
2. The clerk of this court shall receive all applications for writs of error, and file the petition and accompanying transcript from the court of civil appeals, and enter the case upon a docket kept for that purpose, known as the "Application Docket." But he shall not be required to take the same from the post office or an express office unless the postage or express charges, 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. Upon filing the application. the clerk shall immediately issue a notice under his hand and seal of office to the clerk of the court from which the writ of error is sought that the application has been filed. After the receipt of such notice the clerk of the latter court shall withhold the mandate until advised of the disposi tion of the case, in this court, by the proper process.
3. The application, when filed in accordance with law, shall be deemed submitted to the court and ready for disposition, unless the applicant shall file with his petition a request for time in which to present a brief or written argument, in which case a period of time not exceeding ten days may be allowed him for that purpose. The applicant, should he so elect, may cite his authorities in his petition, or may file a separate brief or argument.
4. Upon a refusal by this court of an appiication for a writ of error, the clerk 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, a certified copy of the order of this court denying such application.
5. If the application be granted, the clerk shall issue a writ of error to the judges of the court the judgment of which is sought to be revised, advising them that the writ of error has been granted, and directing them to cause to be transmitted forthwith to this court the origi nal 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 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 defend the same. Said citation shall be returnable in ten days, and in the event it be not served the clerk shall issue other successive citations until due service is had. Service of the citation upon one attorney will be deemed service upon all parties represented by him. If no bond be required, the citation and writ of error shall issue 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