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: 30 of 64
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RULES FOR THE DISTRICT COURT
CALL FOR TRIAL.
26. When the case is called for trial, the exceptions, if any
remain undisposed of, shall be presented for determination, and
shall then be decided before proceedinlg to the trial of the case oni
the facts, and if not presented, they shall be adjudged by the
court to have been waived, and shall be so entered on the minutes
of the court, the cost of filing to be taxed against the party
filing them, and they shall constitute no part of the final record,
unless some question be raised upon the action of the court in
reference to them, and they are presented in a bill of exceptions.
27. When the exceptions have been presented and decided,
leave may be granted to either or both parties to file an amend.
ment in one instrument of writing, separate from those which had
been previously filed by each, which shall close the pleadingJ
in the case to be then determined by the court, so as to decide
all the questions of sufficiency arising upon them. In making
this amendment, the party shall refer distinctly to such instrument
as he desires to amend, by name and number, as in the
other amendments, without repleading the whole of it, hut shall
succinctly state such additional facts to be added thereto as he
may desire, and this amendment shall be styled and indorsed
"plaintiff's," or "defendant's trial amendment;" but if the casi
should not be then tried, the party or parties shall replead, as it
other cases of amendment.
28. When the questions of law, if any, have been determinde
by the court, the judge may, before proceeding to trial, by thi
aid of the counsel, have the pleadings that have been held suffi
cient, or have not been excepted to, read over, if deemed neces
sary, and may make a brief memorandum of the facts stated, op
issues presented in the pleadings, and may read them out before
the trial commences, so as to inform the parties .of the viev
which is entertained by the judge of the matters of fact in issue
as presented by their pleadings.
29. The court, when deemed necessary in any case, may ore
der a repleader on the part of one or both of the parties, in ordex
to make their pleadings substantially conform to the rules.
30. These rules of pleading shall apply equally, so far as ii
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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/m1/30/: accessed May 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .