Gammel's Rules of the Courts of Texas Page: 36 of 70
The following text was automatically extracted from the image on this page using optical character recognition software:
TEXAS COURT RULES.
state all the facts presenting his cause of action, and such othei
facts as may be required to rebut the facts that may be set up in
the original and supplemental answers, as pleaded by the defendant.
The original petition and the supplemental petitions shall be indorsed,
so as to show their respective positions in the process of pleading,
as "original petition," "plaintiff's first supplemental petition,"
"plaintiff's second supplemental petition," and so on, to be successively
numbered, named and indorsed. ' '
4. The plaintiff, in the original petition, in addition to the names
and residences of the parties and the relief sought, may state all of
his facts, so as to present together different 'combinations of facts,
amounting to a cause or causes of action, as has 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 issue may be formed on each one by the
PLAINTIFF S SUPPLEMENTAL PETITION.
5. 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 defendant.
Rules 1 and 2.-Pleadings.
Articles 1827, 1828, 1829 and 1902, as amended by Acts 1913, 33rd
Leg., p. 256, relating to the manner of pleading in district and county
courts, amended by Acts 1915, 34th Leg., Reg. Ses., 155, and added
Articles 1829a and 1829b, providing for the verification of pleadings
repealed by said Acts.
Rules 3 and 4.-Petition.
Held, to sustain a petition against a general exception, it must allege
sufficient facts to enable the court to see that a good cause of action
exists, and not merely that it might exist. Schlinke vs. DeWitt County
(C. A.), 145 S. W. R., 660; Niagara Fire Ins. Co. vs. Lollar, 156 S. V.
Plaintiff has a right to so plead as to anticipate every possible phase
of the testimony. Texas Brewing Co. vs. Walters (C. A.), 43 S. W. R., 548.
A claim not pleaded by plaintiff in the lower court cannot be considered
on appeal. Crum vs. Slade Lane vs. Bell, 115 S. WV. R.,
-18 (53 C. A., 213). See, Art. 1828.
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/36/: accessed March 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .