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: 25 of 64
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OF THE STATE OF TEXAS.
been the usual practice; or he may state the cause or causes of
action in several different counts, each within itself presenting a
combination of facts, specifically amounting to a single cause of
action, which, when so drawn, shall be numbered, so that an
is'sue may be formed on each one by the answer.
PLAINTIFF'S SUPPLEMENTAL PETITION.
o. The plaintiff's supplemental petitions may contain exceptions,
general denials, and the allegations of new facts not before
alleged by him, in reply to those which have been alleged by the
6. The answer of defendant shall consist of an original answer,
and such supplemental answers as may be necessary, in the course
of pleading by the parties to the suit, to enable the defendant to
state all of the exceptions and facts, presenting his defense, as contained
in his original answer, or his cross-action, if one be set up
in the original answer and such other facts as may be required to rebut
the facts that may be stated in the original and supplemental
petitions, as pleaded by the plaintiff. The original answer and
the supplemental answers shall be indorsed, so as to show their
respective positions -in the process of. pleading, as "original
answer," "defendant's first supplemental answer," "defendant's
second supplemental answer," and so on, to be successively numbered,
named and indorsed.
7. The original answer may consist of pleas to the jurisdiction,
in abatement, of privilege, or any other dilatory pleas; of
exceptions, general and special; of general denial, and any other
facts in defense by way of avoidance or estoppel, the same being
pleaded in the due order of pleading, as required by statute; and
it may present a cross-action, which to that extent will place defendant
in the attitude of a plaintiff. Facts in avoidance and
estoppel may be stated together, or in several special pleas, each
presenting a distinct defense, and numbered so as to admit of
separate issues to be formed on them.
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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/m1/25/: accessed March 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .