Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 24 of 64
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RULES FOR THE DISTRICT COURT
Rules for the District Court.
1. The pleadings in the District Court shall, as prescribed by
statute, be by petition and answer.
2. Pleadings, with the exception of those presenting issues of
must be a statement of facts, in contradistinction to a stateme
it of evidence, of legal conclusions, and of arguments. Pacts
are adequately represented -by terms and modes of expression
wrought out by long judicial experience, perpetuated in books of
forms, in law and equity, which, though not authoritatively requisite,
may generally be adopted as safe guides in pleading. In
case of a violation of this rule, to such an extent as to produce
confusion, uncertainty and unnecessary length in pleading, the
court may require the matter set up to be repleaded, so as to exclude
the superfluous parts of it from the record.
3. The petition of plaintiff shall consist of an original petition,
and such supplemental petitions as may be necessary in the
course of pleading by the parties to the suit, to enable the plaintiff
to state all the facts presenting his cause of action, and such
other facts as may be required to rebut the facts that may be set
up in the original and supplemental answers, as pleaded by the
defendant. The original petition and the supplemental petitions
shall be indorsed, so as to show their respective positions in the
process of pleading, as "original petition," "plaintiff's first supplemental
petition," "plaintiff's second supplemental petition,"
and so on, to be successively numbered, named and indorsed.
4. The plaintiff, in the original petition, in addition to the
names and residences of the parties and the relief sought, may
state all of his facts, so as to present together different combinations
of facts, amounting to a cause or causes of action, as has
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/24/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .