Gammel's Rules of the Courts of Texas Page: 37 of 70
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TEXAS COURT RULES.
:Rule 5.--Supplemental Petition.
Held, that the office of a supplemental petition is to plead facts in
avoidance of defensive matters set up in defendant's answer, and defects
or omissions in an original petition must be cured by amendment, and
not by supplemental petition. Held, if the supplemental plea is sufficient
within itself, while designated a supplemental plea, may be considered as
an amended plea. Fink vs San Augustine Gro. Co., 167 S. W. R., 35;
Melville et al. vs. Wickham et al., 169 S. W. R., 1123; see, Cotulla vs.
Urban, 126 S. W. R., 14.
6. The answer of defendant shall consist of an original answer,
and such supplemental answers as may be necessary, in the course
of pleadings by the parties to the suit, to enable the defendant to
state all of the exceptions and facts, presenting his defense, as contained
in his original answer, or his cross-action, if one be set up in
the original answer, and such other facts as may be required to rebut
the facts that may be stated in the original and supplemental petitions
as pleaded by the plaintiff. The original answer and the supplemental
answers shall be indorsed, so as to show their respective positions
in the process of pleadings, as "original answer," "defendant's
first supplemental answer," "defendant's second supplemental
answer," and so on, to be successively numbered, named and indorsed.
7. The original answer may consist of pleas to the jurisdiction,
in abatement, of privilege, or any other dilatory pleas; of exceptions,
general and special; of general denial, and any other facts in defense
by way of avoidance or estoppel, the same being pleaded in the due
order of pleadings, as required by statute; and it may present a
cross-action, which to that extent will place defendant in the attitude
of a plaintiff. Facts in avoidance and estoppel may be stated together,
or in several special pleas, each presenting a distinct defense, and
numbered so as to admit of separate issues to be formed on them.
8. The defendant's supplemental answers may contain exceptions,
general denial, and the allegations of new facts, not before alleged
by him, in reply to that which has been alleged by the plaintiff.
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 either party,
shall be a response to the last preceding pleading by the other party,
and shall not repeat the facts formerly pleaded further than is nec
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/37/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .