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: 26 of 64
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RULES OF THE SUPREME COURT
8. The defendant's supplemental answers may contain exceptions,
general denial, and the alle,ations of new facts, not before
alleged by him, in reply to that which has been alleged. by the
9. The original petition, first supplemental petition, second
supplemental petition, and every other, shall each be contained
in one instrument of writing, and so with the original answer and
each of the supplemental answers.
10. Each supplemental petition or answer, made by eithed
party, shall be a response to the last preceding pleading by th~
other party, and shall not repeat the facts formerly pleaded fur
ther than is necessary as an introduction to that which is statec
in the pleading then being drawn up. These instruments, to-wit
the original petition and its several supplements, and the origina
answer and its several supplements, shall respectively constitut8
separate and distinct parts of the pleadings of each party; ant
the position and identity, by number and name, with the indorsement
of each instrument, shall be preserved throughout the pleadings
of either party.
11. Each party who files a supplement of any number, (as
first, second, third, and so on), shall give notice thereof by ask*
ing leave of the court, and filing the same amongst the papers
of the cause, with the appropriate indorsement thereon, indicating
its numnber and name.
12. An amendment may be made by either party, upon leave
of court for that purpose-the object of an amendment, as contradistinguished
from a supplemental petition or answer, being to add
something to, or withdraw something from, that which has been
previously pleaded, so as to perfect that which is, or may be deficient,
or, to correct that which has been incorrectly stated by the
party making the amendment.
13. The party amending shall point out the instrument, with
its date, sought to be amended, as "original petition," or "plaintiffs
first supplemental petition," or others filed by the plaintiff, or
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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/m1/26/: accessed January 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .