The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 40

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...the certificate the time when the appeal was perfected, as it has been done in this case? The question is not, must notice of appeal be given?--for that is.well established--but, how is that fact, which is of record in the court below, to be made known to this court? In an able and elaborate opinion delivered by Justice Gray (who is not now on the bench), it was stated that it should be made known to this court by a copy of the notice of appeal, inserted in the transcript just as it stands on the minutes of the court, and also by the certificate of the clerk, strictly in conformity to Article 1589, above quoted, stating the time when the appeal was perfected. (House & Co. v. Burnett, ante, 346.) It was not necessary to have gone to that extent in that case, as there was no such copy of notice of appeal, . nor a proper certificate from which the court could be informed of that fact, necessary to the jurisdiction of the court. Since the decision in that case, a large number of' cases have been sent up to this court for aflirmance on. certificate, in none of which does the transcript contain a copy of the entry of notice of appeal, and in most of them that fact is evidenced by the statement in the certificate of the clerk, that "the appeal has been perfected" at a stated time. This has led to a more thorough examination into the cases decided upon certificate, including many unpublished cases extending back as far as 1851, shortly after the passage of the law authorizing this proceeding by certificate. In some of them the transcript contains a copy of the notice of appeal; in others not. But when it does, it does not also contain the statement in the certificate of the clerk that the appeal has been perfected. In the...show more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236780493
  • 9781236780492