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National Reporter System.-State Series.

THE

SOUTHWESTERN REPORTER,

VOLUME 60,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MISSOURI, ARKANSAS, AND TENNESSEE, COURT
OF APPEALS OF KENTUCKY, SUPREME COURT, COURT OF CRIM-
INAL APPEALS, AND COURTS OF CIVIL APPEALS

OF TEXAS, AND COURT OF APPEALS

OF INDIAN TERRITORY.

PERMANENT EDITION.

JANUARY 21-MARCH 18, 1901.

WITH TABLE OF SOUTHWESTERN CASES IN WHICH Rehearings have been Denied.

A TABLE OF STATUTES CONSTRUED IS GIVEN
IN THE INDEX.

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COPYRIGHT, 1901,

BY

WEST PUBLISHING COMPANY.

SOUTHWESTERN REPORTER, VOLUME 60

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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COURT RULES.

SUPREME COURT OF TEXAS,

It is ordered that the following additional The motion will be filed, and, together with rules for the government of the practice in this court be adopted, to take effect immediately:

CERTIFIED QUESTIONS.

14. When a certified question from a court of civil appeals is presented to the clerk of this court, he will file and docket it and send it at once to the consultation room. If the court should determine that the question is not properly certified under the statute, so as to give jurisdiction to answer it, it will be dismissed without a hearing. Otherwise it will be set down for argument on a day to be fixed by the court in regular session.

MANDAMUS.

15. Parties desiring a writ of mandamus from this court are required to cause the petition therefor to be presented to the clerk of the court, accompanied with a motion that the same be filed and set down for a hearing, and also accompanied with such written argument in behalf of the motion as may be desired. 60 S.W.

the petition and argument, if any, will be sent at once to the consultation room for the action of the court. If the court should be clearly of opinion that upon the facts stated in the petition the writ should not be awarded, the motion will be denied by an order made in open court and entered upon the minutes.

Should the court not be of that opinion, an order will be passed and entered, requiring the petition to be filed and fixing a day for the hearing of the cause.

The relator shall also file with his motion a bond, with two or more good and sufficient sureties, to be approved by the clerk of this court, in the sum of fifty dollars; or, in case he be unable to pay the costs, or give security therefor, an affidavit in lieu of such bond. Such bond shall be conditioned, or, in case of an affidavit, the affidavit shall be such, as is required by the statutes for cost bonds or affidavits in lieu thereof in suits in the dis

trict court.

(V)*

Adopted' February 7, 1901.

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