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: 27 of 64
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OF THE STATE OF TEXAS.
as "original answer," or "defendant's first supplemental answer,"
or others filed by the defendant, and amend such instrument by
preparing and filing a substitute therefor, entire and complete in
itself, to be styled and indorsed, "amended original petition," or
"amended first supplemental petition," or "amended original
answer," or "amended first supplemental answer," and so on, accordingly
as said instruments of pleading are designated in rules
3 and 6.
14. Unless the substituted instrument shall be set aside on exceptions
for a departure in pleading, or on some other ground, the
instrument for which it is substituted, shall no longer be regarded
as a part of the pleading in the record of the cause, unless some
error of the court in deciding upon the necessity of the amendment,
or otherwise in superseding it, be complained of, and it is
presented in a bill of exceptions.
15. When either party may have occasion to plead new facts,
additional to those formerly pleaded by him, which constitute an
additional cause of action or defense permissible in the suit, he
shall present it as an amendment to the original petition, or original
answer, (unless it is in its nature a response to some pleading
of the opposite party), by substitution, with the proper number,
name. and indorsement, in the same manner as other amendments.
16. When either supplement or amendment made to pleading
is of such character, and is presented at such time as to take the
Opposite party by surprise, (to be judged of by the court), it shall
be cause for imposing the cost of the term upon, and charging the
continuance of the cause (both or either), to the party causing the
surprise, if the other party demand it and shall make a satisfactory
showing, or if it otherwise be apparent that he is not ready for
trial, on account of said supplement or amendment being allowed
to be filed by the court.
EXCEPTIONS TO PLEADING.
17. General exceptions shall point out the particular instrument
in the pleadings, to-wit: the original petition or answer, or
the respective supplements to either, it being the last preceding
instrument filed by the opposite party; and in passing upon such
general exception, every reasonable intendment arising upon the
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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/m1/27/: accessed April 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .