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: 28 of 64
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RULES FOR THE DISTRICT COURT
pleading excepted to shall be indulged in favor of its sufficiency,
18. A special exception shall not only point out the particulai
pleading excepted to, but it shall also point out intelligibly the
obscurity, inconsistency, duplicity, generality, or other insuffi
ciency in the allegations in the pleading objected to. The genera
expression, that it is vague, uncertain, and the like, alone shall
be regarded as no more than a general exception.
EXHIBITS IN PLEADING.
19. Notes, accounts, bonds, mortgages, records, and all othel
written instruments, constituting, in whole or in part, the caus4
of action sued on or the matter set up in defense, may be made a
part of the pleadings, by copies thereof, or the originals, being
attached and referred to as such, in aid and explanation of thd
allegations in the petition or answer made in reference to said ini
struments, but will not thereby relieve the pleader from making
the proper allegations of which said exhibits may be the evidence.
in whole or in part. No other instrument of writing, such as a
deed, will, document, record of court, or agreement, which is noi
sued on as a cause of action by plaintiff, or set up as matter relied
on in defense by defendant, but is designed to be used otllm
as evidence of some fact that is alleged, shall be made anl exhibit
in the pleading; and when it shall be so attempted, by attaching
such instrument and referring to it as such, the court will, of its
own motion, or at the instance of a party, cause the instrument
to be detached from the pleading, and adjudge it to constitute no
part thereof, by an order of court entered of record, at the cost
of the party violating this rule, so as to prevent the pleadings
from being incumbered with that which is or may be only evi-i
dence in the case.
20. The office of a general denial by defendant is to throw the
burden of proof, as to the allegation denied, on the plaintiff.The
defendant cannot be permitted under this plea to introduce
special matters in avoidance or estoppel, in evidence for his defense.
And the same rule prevails when it is filed by plaintiff to
facts in the cross-action or answer of defendant.
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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/m1/28/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .