The Laws of Texas, 1822-1897 Volume 2 Page: 263
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Laws of the Republic of Texas.
89
definitive judgment will then be given for the plaintiff, provided
he prove his demand as in all other cases.
Sec. 5. If the defendant on the very day when a definitive judgment
was to have been recorded against him appear and file his
answer, the first judgment taken shall be set aside
Sec. 6. When the demand is liquidated and proven by writing,
judgment by default final may be taken at the first term of the
court, if actual notice of the suit has been given to the defendant.
Sec. 7. If the demand is unliquidated, and personal notice has
been given, judgment by default may be taken at the first term of
the court, and a jury shall be immediately empannelled to assess
the damage to the plaintiff.
Sec. 8. If personal notice has not been given, a judgment by default
shall not be taken before the second term of the court in
which the suit is brought.
Sec. 9. No plea in abatement shall be admitted or received unless
the party offering the same shall prove the truth thereof, by
oath or affirmation, as the case may require.
Sec. 10. The defendant, in all actions may plead as many several
matters, whether of law or of facts, as he shall think necessary
for his defence.
Sec. 11. An execution, writ or other process appearing to be
duly served in other respects, shall be deemed good, although it be
not directed to any sheriff.
Sec. 12. In every civil suit in which sufficient matter of substance
may appear upon the petition, to enable the court to proceed
upon the merits of the cause, the suit shall not abate for want
of form; the court shall, in the first instance, endeavor to try each
cause by the rules and principles of law; should the cause more
properly belong to equity jurisdiction, the court shall, without delay,
proceed to try the same according to the principles of equity.
The pleadings of every. cause in the district, or in any inferior
court, shall be amended under the direction of the court, but no
amendment shall prevent a cause from being tried at the same
term at which it may be made, unless the court shall be satisfied
that such an amendment will operate as a surprise to the opposing
party. If the cause be in the supreme court, the court shall decide
the same as if there had been no defect of form, provided the record
shall present sufficient matter of substance to enable the court to
decide the cause upon its merits, provided that nothing herein contained
shall be so construed as to prejudice the right of the parties
to a trial by jury.
Sec. 13. By the exception of non-tenure of parcel of any( 263)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/267/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .