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Rule 337. Docketing of Cause (1962)


Upon the filing of the transcript or the delivery of the order and original papers and exhibits provided for in Rule 336, the district clerk shall docket the cause. Such cases shall be tried de novo in the district court and shall be governed by the same rules and procedure as other civil cases in said court.

Note: Rule 337 formerly dealt with the transcript in guardianship appeals. Its source was Art. 4320. Amended by order of April 12, 1962, eff. Sept. 1, 1962, Rules 332 to 339, inclusive, are rewritten and rearranged to establish uniform procedures applicable to appeals in both estate and guardianship proceedings. The provisions of Rule 337 are adapted from latter part of former Rule 334. Previous notes regarding original Rule 337 have been deleted.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of July 22, 1975, eff. Jan. 1, 1976


(No. 69) Question: Does the answer in No. 42 on Page 236 of 5 Tex. B.J. under­take hold that all presumptions in favor of the judgment of a lower court are to be done away with?

Answer: No. The intention was to say that there will be no presumption that matter omitted from the statement of facts sustains the judgment.

5 Tex. B.J. 428 (1942) reprinted in 8 Tex. B.J. 27 (1945).