Overview
Texas State Archives
Texas. Court of
Appeals.
Records
1876-1892
Records consist of
minutes, opinions, dockets, indexes, account books (all in bound volumes) and
case files, dating 1876-1892, that document the activities of the Texas Court
of Appeals. The activities of the court are most thoroughly documented through
the minutes and opinions. Bound opinions should be supplemented by published
opinions or reports. The dockets have gaps, although the general index is
apparently complete for the entire period of the Court of Appeals (plus the
Court of Criminal Appeals to 1920). Case files are almost totally
absent.
15.48 cubic
ft. English.
Restrictions on Access
None.
Restrictions on Use
None.
Technical Requirements
None.
Agency History
The Court of Appeals was created by the Texas Constitution of 1876,
Article V, Section 4, which removed all criminal jurisdiction from the Supreme
Court. Organized by the legislature effective May 1876, the Court of Appeals
had final and exclusive appellate jurisdiction in all cases not appealable to
the Supreme Court; this included all criminal appeals (for both felonies and
misdemeanors), and all civil appeals of which the county courts had original or
appellate jurisdiction. The court consisted of three judges elected by the
voters, for terms of six years. The judges selected one of their number to be
presiding judge. Like the Supreme Court at that time, the Court of Appeals held
three terms annually, of three months each, at Tyler (October through
December), Galveston (January through March), and Austin (April through June).
The court appointed a separate clerk, and maintained separate records, for each
geographical term. Opinions were published on criminal appeals, but not on
civil appeals unless required by law. These opinions were printed in 30 volumes
of Texas Criminal Reports and 4 volumes of
Texas Civil Reports, 1876-1892; in addition,
several thousand cases, both criminal and civil, were disposed of in oral and
unpublished written opinions.
By a constitutional amendment adopted in September 1891, followed by
legislation approved April 1892, all civil jurisdiction was removed from the
court, and its name was changed to the Court of Criminal Appeals. Or, to put it
another way, the Court of Appeals was abolished and replaced by the Court of
Criminal Appeals and three (eventually fourteen) Courts of Civil Appeals. The
three judges on the Court of Appeals were to serve out their elected terms as
judges of the Court of Criminal Appeals.
Scope and Contents
These records consist of minutes, opinions, dockets, indexes, and
account books (all in bound volumes), of the Texas Court of Appeals dating
1876-1892, plus a mere handful of case files. The activities of the court are
most thoroughly documented through the minutes and opinions, but these have
gaps. The opinions should be supplemented by the published opinions or reports.
The Archives and Information Services Division of the Texas State Library has
an almost complete set of Cases Argued and Adjudged in
the Court of Appeals (usually called simply Texas
Criminal Reports), lacking only volumes 4, 7, 12, 13, and 14. It also
has volume 3 of the four-volume Condensed Reports of
Decisions of Civil Causes in the Court of Appeals. The dockets also have
many gaps, although the general index is apparently complete for the entire
period of the Court of Appeals (plus the Court of Criminal Appeals to 1920).
The most serious deficiency, of course, is the almost total absence of case
files.
To prepare this inventory, the described materials were cursorily
reviewed to delineate series, to confirm the accuracy of contents lists, to
provide an estimate of dates covered, and to determine record types.
Organization of the Records
The records are organized into six series and eight subseries:
- Minutes, 1876-1892, 3.39 cubic ft.
- Opinions, 1876-1892, 2.52 cubic ft.
- Dockets, 1876-1892, 6.99 cubic ft.
- Assignment dockets, 1878-1892, 2.88 cubic ft.
- Execution dockets, 1876-1892, 2.02 cubic ft.
- Assistant Attorney General's docket, 1883, 0.05 cubic ft.
- Bar docket, 1876-1878, 0.35 cubic ft.
- Motion dockets, 1876-1890, 0.92 cubic ft.
- General dockets, 1887-1892, 0.77 cubic ft.
- Indexes, 1876-1892, 1.03 cubic ft.
- General index, [1876-1892], 0.88 cubic ft.
- Indexes to dockets, 1877-1889, 0.15 cubic ft.
- Other records, 1880-1889, 0.88 cubic ft.
- Case files, 1880-1892, 0.67 cubic ft.
Index Terms
The terms listed here were used to catalog the
records. The terms can be used to find similar or related records.
Subjects:
Court
records--Texas.
Judicial
opinions--Texas.
Appellate
courts--Texas.
Document Types:
Minutes--Texas--Court
records--1876-1892.
Decisions--Texas--Court
records--1876-1892.
Dockets--Texas--Court
records--1876-1892.
Indexes (reference
sources)--Texas--Court records--1876-1892.
Account
books--Texas--Court records--1876-1892.
Functions:
Adjudicating.
Related Material
The following materials are offered as possible
sources of further information on the agencies and subjects covered by the
records. The listing is not exhaustive.
Texas State Archives
Texas Supreme Court, Records, 1840-1980, 6,155.41 cubic ft.
[includes criminal appeals prior to 1876]
Texas Court of Criminal Appeals, Records,
1892-2003, 3,806.75 cubic ft.
Preferred Citation
(Identify the item and cite the series), Records, Texas Court of
Appeals. Archives and Information Services Division, Texas State Library and
Archives Commission.
Accession Information
Accession numbers: 1979/238, 1993/088, 2002/150
These records were transferred to the Texas State Archives by the
Texas Court of Criminal Appeals (via the Tarlton Law Library of the University
of Texas at Austin), on June 9, 1992. A single case file, lacking provenance
information and found with unrelated records, was given an accession number for
purposes of control and added to the finding aid on July 15, 2002. The
General dockets were transferred to the Houston
Metropolitan Research Center, a Regional Historical Resource Depository [RHRD]
of the Texas State Library and Archives Commission, by the First District Court
of Civil Appeals on July 30, 1979. In 2003, the Houston Metropolitan Research
Center chose to drop its RHRD status and the records of the First Court were
shipped to the Texas State Archives in Austin during December 2003 and January
2004.
Processing Information
Tony Black, July 1993, June 2004
Nancy Enneking, July 2002
Minutes,
1876-1892,
3.39 cubic ft.
These records consist of seven volumes containing minutes of the
Court of Appeals, 1876-1892. The Galveston term appears complete, 1877-1892,
with an index for the first book (through January 1886). The Tyler term appears
to be missing minutes for December 1882 through December 1886. The Austin term
appears to be missing minutes for May 1876 through May 1881.
Arrangement
Arrangement is by term, and then chronological.
Preferred Citation
(Identify the item), Minutes, Records, Texas Court of Appeals.
Archives and Information Services Division, Texas State Library and Archives
Commission.
Accession Information
Accession number: 1993/088
These records were transferred to the Texas State Archives by the
Texas Court of Criminal Appeals (via the Tarlton Law Library of the University
of Texas at Austin), on June 9, 1992.
Processing Information
Tony Black, July 1993
Minutes
211-027
Tyler,
October 2,
1876-November 24, 1882
211-030
Tyler,
October-December
1887
211-030
Tyler,
October-December
1888
211-032
Tyler, Vol. 3,
December 5, 1888-June
25, 1892
211-033
Tyler,
October-December
1892
211-028
Galveston,
January 1, 1877-January
20, 1886
[with index]
211-031
Galveston,
January 20, 1886-June
25, 1892
211-030
Galveston,
January-March
1888
211-030
Galveston,
January-March
1889
211-029
Austin,
June 8, 1881-May 20,
1885
211-030
Austin,
May 23, 1885-June 25,
1887
211-030
Austin,
April 2, 1888-June 30,
1888
211-033
Austin,
April 1, 1889-June 25,
1892
Opinions,
1876-1892,
2.52 cubic ft.
These records consist of five volumes containing the full text
Records of Opinions for some terms of the Court of Appeals, namely Tyler
(1878-1881 and 1889-1891), Galveston (1888-1892), and Austin (1876-1885). To
fill in the gaps, the researcher should consult the published reports (labelled
either Texas Court of Appeals Reports, or
Texas Criminal Reports), in 30 volumes
(1876-1892). The Archives and Information Services Division of the Texas State
Library has 25 of the volumes, missing only volumes 4, 7, 12, 13, and 14. The
researcher should also consult the published Condensed
Reports of Decisions of Civil Causes in the Court of Appeals, 4 volumes
(1876-1892), of which the Archives Division has volume 3, covering the Tyler
Term of 1885 through the Austin Term of 1889.
Arrangement
Arrangement is by term, and then chronological.
Preferred Citation
(Identify the item), Opinions, Records, Texas Court of Appeals.
Archives and Information Services Division, Texas State Library and Archives
Commission.
Accession Information
Accession number: 1993/088
These records were transferred to the Texas State Archives by the
Texas Court of Criminal Appeals (via the Tarlton Law Library of the University
of Texas at Austin), on June 9, 1992.
Processing Information
Tony Black, July 1993
Opinions
211-035
Tyler Term,
December 14,
1878-November 2, 1881
211-038
Tyler Term,
1881
[pp.455-603]
211-037
Tyler Term,
February 4,
1889-December 22, 1891
211-036
Galveston Term, Number 4,
April 25, 1888-March 5,
1892
211-034
Austin Term,
May 22, 1876-June 7,
1879
211-038
Austin Term,
April 15, 1880-June 10,
1885
Dockets,
1876-1892,
6.99 cubic feet
These records consist of assignment dockets, execution dockets, an
assistant attorney general's docket, a bar docket, motion dockets, and general
dockets, dating from 1876 through 1892.
Organization
These records are organized into six subseries:
- Assignment dockets, 1878-1892, 2.88 cubic ft.
- Execution dockets, 1876-1892, 2.02 cubic ft.
- Assistant Attorney General's docket, 1883, 0.05 cubic ft.
- Bar docket, 1876-1878, 0.35 cubic ft.
- Motion dockets, 1876-1890, 0.92 cubic ft.
- General dockets, 1887-1892, 0.77 cubic ft.
Preferred Citation
(Identify the item and cite the subseries), Dockets, Records,
Texas Court of Appeals. Archives and Information Services Division, Texas State
Library and Archives Commission.
Accession Information
Accession number: 1979/238, 1993/088
The bulk of these records were transferred to the Texas State
Archives by the Texas Court of Criminal Appeals (via the Tarlton Law Library of
the University of Texas at Austin), on June 9, 1992. The General dockets were transferred to the Houston
Metropolitan Research Center, a Regional Historical Resource Depository [RHRD]
of the Texas State Library and Archives Commission, by the First District Court
of Civil Appeals on July 30, 1979. In 2003, the Houston Metropolitan Research
Center chose to drop its RHRD status and the records of the First Court were
shipped to the Texas State Archives in Austin during December 2003 and January
2004.
Processing Information
Tony Black, July 1993
Assignment dockets,
1878-1892,
2.88 cubic ft.
These records consist of 15 Assignment Dockets, volumes which
include the following information: [docket] number, attorneys, parties (i.e.,
style), county, number of years in the sentence (or whether the case involves a
misdemeanor or habeas corpus), date filed, orders of the former term, and
orders of the present term. These last two columns provide a case history
(e.g., November 11, 1882: Motion to dismiss
submitted, 756; November 15: Motion granted and appeal dismissed on account of
death of appellant, 759). Separate series of dockets were maintained for
each of the three terms of the court (Tyler, Galveston, and Austin). Only one
of the extant dockets has a separate index (Austin, 1877). One (possibly two)
indexes exist to dockets which are not extant (Austin, 1889; and an
undetermined term, 1885). Many years are not represented, especially in the
Tyler and Galveston terms; the extant dockets represent less than one-third of
the total possible.
Note: an assignment was a
two week period within a term during which appeals were heard from one
particular geographical area; the fifth assignment was reserved for cases
transferred from other branches of the court, and for felony cases sent
directly from counties not named in preceding assignments.
Arrangement
Arrangement below is by term, and then chronological.
Arrangement within each docket volume is by assignment (1st through 5th), and
then numerical within each assignment.
211-004
Tyler Term, 1878, #26-517,
October 3,
1876-December 13, 1878
211-007
Tyler Term, 1882, #1047-1464,
September 9,
1881-November 15, 1882
211-006
Tyler Term, 1889, #3057-3358,
April 4, 1889-December
26, 1889
211-001
Galveston Term, 1885, #1466-1823,
January 29, 1883-March
16, 1885
211-011
Galveston Term, 1890, #2743-2928,
July 1, 1889-March 21,
1890
211-002
Galveston Term, 1891, #2931-3131,
August 12, 1890-March
19, 1891
211-013
Galveston Term, 1892, #2589-3505,
January 7, 1889-March
26, 1892
211-016
Austin, April Term, 1877, #2-610,
November 15,
1873-November 21, 1877
[index = 211-126]
211-017
Austin, April Term, 1878, #4-1034,
January 10,
1874-January 20, 1879
211-005
Austin, April Term, 1879, #35-1504,
April 19, 1875-March
29, 1880
211-116
Austin, April Term, 1882, #1934-2549,
April 11, 1881-March 9,
1883
211-008
Austin, April Term, 1885, #3249-3727,
June 30, 1884-March 17,
1886
211-009
Austin, April Term, 1886, #3597-5336,
May 25, 1885-April 15,
1887
211-010
Austin, April Term,
1889
[Index only to approximately #5460-6656]
211-012
Austin, April Term, 1890, #5615-7104,
December 6, 1887-July
19, 1890
Execution dockets,
1876-1892,
2.02 cubic ft.
These records consist of six Execution Dockets, which document
the collection of monetary payments (NOT the execution of prisoners condemned
to die). These ledgers give the following information: number, parties (style),
amount, date, county, and returns. The Returns column contains such comments as
felony or dismissed or against
state when the Amount and Date and County columns are blank--which they
often are. Otherwise this column says returned, no
property found, lost in mail,
paid, satisfied, etc. For the Tyler term, only one
execution docket is extant, for 1876; there is none for the Galveston term; but
for Austin, five dockets cover the entire period of the Court of Appeals,
1876-1892.
Arrangement
Arrangement is chronological.
211-018
Tyler Term, #1-127,
1876
211-119
[Austin, Number 1], #1-2119,
1876-1881
211-120
[Austin, Number 2], #2120-3944,
1882-1889
211-020
Austin, Number 3, #3946-5517,
1886-1889
211-121
[Austin, Number 4], #5514-7732,
1888-1892
211-122
Austin, [Number 5], #7739-7974,
1892
Assistant Attorney General's
docket,
1883,
0.05 cubic ft.
These records consist of one Assistant Attorney General's
Docket, presumably documenting cases in which the assistant attorney general
represented the state. This ledger gives the following information: number,
style, nature of action (felony or misdemeanor; sometimes the name of the
county is substituted), and proceedings of the court (e.g., affirmed, reversed
and dismissed or remanded). The year represented is 1883.
211-014
#1378-2583,
1883
Bar docket,
[1874?]-1878,
0.35 cubic ft.
These records consist of one Bar Docket dated 1878 (mostly civil
cases filed between 1874 and 1878), with separate index, giving the following
information: number, attorneys, parties (style), county, date filed, and orders
(always blank).
211-015
#4-887,
1874-1878
[index = 211-023]
211-023
Index [to 211-015],
1876-1878
Motion dockets,
1876-1890,
0.92 cubic ft.
These records consist of three Motion Dockets for the Austin
term, plus one additional fragment of a Motion Docket for an undetermined term
(ca. 1878-1882), giving the following information: (in 1876-1882) number,
attorneys, parties, for what purpose, date filed, orders; or (in 1888-1890)
number, case number, assignment number, parties (style), for what purpose filed
(e.g. motion to affirm on certificate, motion for rehearing, motion to dismiss
appeal, etc.), and orders. The first two contain indexes.
211-123
[Austin, April Term
1876], May 19-June 23,
1876
[with index]
211-074
Austin, April Term
1877, January 11-June
29, 1877
[with index]
211-021
Austin,
1888-1890
211-127
Undetermined term,
1878-1882
[fragment, extremely deteriorated]
General dockets,
1887-1892,
0.77 cubic ft.
These records consist of two General Dockets dating 1887-1892,
giving the following information: a number, the names of the parties, the
county, date when issued, to whom delivered or sent, remarks, a bill of costs,
and additional remarks. The volumes have correspondence and clippings attached
to some of the pages throughout.
These volumes were probably created by the Texas Court of
Appeals which was replaced by the Court of Criminal Appeals and three
(eventually fourteen) Courts of Civil Appeals in April 1892. All of the civil
cases originally assigned to the Court of Appeals were divided among the three
new Courts of Civil Appeals. The general dockets were probably transferred to
the First Court (Galveston) along with the civil cases.
221-1036
Volume 1, #2071-3299,
February 11, 1887 thru
September 3(?), 1892
221-1037
Volume 2, #3300-3520,
1892
Indexes,
1876-1892,
1.03 cubic ft.
These records consist of one general index, covering 1876-1892,
and three indexes to dockets, dating 1877, 1885, and 1889.
Organization
The records are organixed in two subseries:
- General index, [1876-1892], 0.88 cubic ft.
- Indexes to dockets, 1877-1889, 0.15 cubic ft.
Preferred Citation
(Identify the item and cite the subseries), Indexes, Records,
Texas Court of Appeals. Archives and Information Services Division, Texas State
Library and Archives Commission.
Accession Information
Accession number: 1993/088
These records were transferred to the Texas State Archives by the
Texas Court of Criminal Appeals (via the Tarlton Law Library of the University
of Texas at Austin), on June 9, 1992.
Processing Information
Tony Black, July 1993
General index,
1876-1892,
0.88 cubic ft.
This record consists of a General Index of cases, combining the
Court of Appeals with the Court of Criminal Appeals (thus extending from 1876
through 1920). All terms of the Court of Appeals seem to be represented,
although the spine says Austin. This ledger
gives the following information: appellant, appellee, county, how disposed of
(e.g. R[eversed], R[eversed] & R[emanded],
Aff[irmed], etc.), opinion by [name of
justice], [opinion?] record (e.g. J531, L66, N180, etc.), and [page] number.
Docket numbers are thus not provided for Court of Appeals cases.
Arrangement
Arrangement is roughly alphabetical by last name of the
appellant, and roughly chronological within each letters of the alphabet.
Unfortunately there is no easy way to determine where cases for the Court of
Appeals end and those for the Court of Criminal Appeals begin.
211-025
General Index,
[1876-1892]
Indexes to dockets,
1877-1889,
0.15 cubic ft.
These records consist of three scattered indexes to assignment
dockets, dated 1877, 1885, and 1889. Only the first (Austin 1877) has been
identified as to which docket it pertains. There is no assignment docket extant
to accompany the index to the Austin 1889 cases. The information these indexes
provide includes number, parties, county, and page number.
211-126
[Austin], April Term
1877
[Index (Cases #2-610) to
211-016]
211-026
1885 (?)
[not to either 211-001 or
211-008]
211-010
Austin, April Term
1889:
[Index (Cases #5460-6656)]
Other records,
1880-1889,
0.88 cubic ft.
These records consist of three miscellaneous volumes maintained by
the Texas Court of Appeals, dating 1880-1889. One labeled
Attorney's Receipts for Transcript and
Papers, 1887-1889, contains the following information: number of case,
number of papers, style of case, name of attorney receiving the papers, when
received, and when returned. Another volume is a fee book, 1882-1887, which
gives the following information: number, parties and county, mandate (when
issued and to whom delivered), execution (when issued and to whom sent), bill
of costs, and remarks. Finally an account book, 1880-1881, arranged
alphabetically by county, contains the following information: date, number [of
case?], debit amount, and credit amount.
Arrangement
These records are arranged chronologically.
Preferred Citation
(Identify the item), Other records, Records, Texas Court of
Appeals. Archives and Information Services Division, Texas State Library and
Archives Commission.
Accession Information
Accession number: 1993/088
These records were transferred to the Texas State Archives by the
Texas Court of Criminal Appeals (via the Tarlton Law Library of the University
of Texas at Austin), on June 9, 1992.
Processed by
Tony Black, July 1993
211-019
Account book,
1880-1881
211-022
Fee book,
1882-1887
211-003
Attorney's receipts for transcript and papers,
August 10, 1887-January
10, 1889
Case files,
1880-1892,
0.67 cubic ft.
These records consist of nine case files heard by the Texas Court
of Appeals, 1880-1892, containing standard legal documents of such files:
original petitions, statements of fact, testimony, briefs, motions, charge of
the court, bills of exception, final judgments and verdicts, assignment of
errors, writs, orders, bills of costs, certificates of clerks, etc. Six of the
cases are civil appeals, and three are criminal appeals.
Arrangement
Arrangement is chronological.
Accession Information
Accession numbers: 1993/088, 2002/150
These records were transferred to the Texas State Archives by the
Texas Court of Criminal Appeals (via the Tarlton Law Library of the University
of Texas at Austin), on June 9, 1992. A single case file, lacking provenance
information and found with unrelated records, was given an accession number for
purposes of control and added to the finding aid on July 15, 2002.
Preferred Citation
(Identify the item), Case files, Records, Texas Court of Appeals.
Archives and Information Services Division, Texas State Library and Archives
Commission.
Processing Information
Tony Black, July 1993
Nancy Enneking, July 2002
2002 Accessions Box (2002/150)
Milam M. Hubby v.
State of Texas, #1420 (from Milam County District
Court),
1880
1993/088-3285
Robert Costly v.
State of Texas, #2682 (from Travis County District
Court),
1883
1993/088-3285
P. and J. Hymes v.
Randall & Nephews (from Denton County Court),
1885
1993/088-3285
Thomas Ham v.
M. N. Woffina (from Val Verde County Court),
1888
1993/088-3285
Lee Woods v.
J. D. Jamison, #26 [?] (from Montague County
Court),
1889
1993/088-3285
S. H. Tittle, et al. v.
W. B. Parmer (from Greer County Court),
1891
1993/088-3285
Texas & Pacific Railway
Company v. W. G. Gooch, #388 [?] (from
Mitchell County Court),
1891
2-9/381
George W. Lacy v.
the State of Texas (from District Court of Burnet
County, filed in Court of Appeals
May 30,
1891)
[Note: This case file is found with the
file of George Lacy, Applications for pardons,
Executive clemency records, Statutory Documents Section,
Texas Secretary of State.]
1993/088-3285
O. H. Gorman v.
First National Bank of Abilene (from Parker County
Court),
1892
1993/088-3285
T. W. Mash v.
State of Texas (from Hill County District Court),
1892