Gammel's Rules of the Courts of Texas Page: 38 of 70
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TEXAS COURT RULES.
essary as an introduction to that which is stated in the pleading
then being drawn up. These instruments, to wit: the original petition
and its several supplements, and the original answer and its
several supplements, shall, respectively, constitute separate and distinct
parts of the pleading of each party; and the position and
identity, by number and name, with the indorsement of each instrument,
shall be preserved throughout the pleadings of either party.
11. Each party who files a supplement of any number (as first,
second, third, and so on), shall give notice thereof by asking leave
of the court, and filing the same amongst the papers of the cause,
with the appropriate endorsement thereon, indicating its number
The answer may consist of pleas to the jurisdiction, in abatement, of
privilege or other dilatory pleas, of general denial, and other facts by
way of avoidance or estoppel, which may be stated together or in several
special pleas, each presenting a distinct offense, and numbered so as to
admit of separate issues. The defendant may, with other pleas, present
a cross-action, which to that extent will place him in the attitude of a
plaintiff. Rule 7, 47 T., 617; 84 T., 709.
Pleas shall be filed in the due order of pleading, and shall be heard
and determined in such order under the direction of the court. Article 1909.
Held, when defendant has filed an answer to the merits, and thereby
waived his right to file a plea in abatement, his right cannot be regained
by withdrawing his answer. Slaughter vs. Moore, 42 S. W. R., 372 (17
C. A., 233); Wolf vs. Willingham, 107 S. W. R., 60 (48 C. A., 536).
Held, the trial court properly refused to consider demurrers filed after
the parties had announced ready for trial while the jurors were being
examined on their voir dire where there was opportunity to demur
before trial. Missouri Valley Bridge
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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/m1/38/: accessed October 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .