Gammel's Rules of the Courts of Texas Page: 40 of 70
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TEXAS COURT RULES.
defendant's counter claim, or after the taking of testimony had begun,
to meet a variance in the initials of the payee of a note which was the
basis of the action. Slaughter vs. Hall (C. A.), 133 S. W. R., 496; Pitzer
vs. Decker (C. A.), 135 S. W. R., 161; Jones vs. Burkitt, 150 S. W. R.,
275; Trinity Hastings vs. Townsend (C. A.), 136 S. V. R., 1143. Amended
pleading should give the date of filing of the original. Continental Fruit
Express vs. Leas, 110 S. W. R., 130 (50 C. A., 588).
EXCEPTIONS TO PLEADINGS.
17. General exceptions shall point out the particular instrument
in the pleadings, to wit: the original petition or answer, or the respective
supplements to either; and in passing upon such general exception
every reasonable intendment arising upon the pleading excepted
to shall be indulged in favor of its sufficiency.
18. A special exception shall not only point out intelligently the
obscurity, inconsistency, duplicity, generality or other insufficiency,
in the allegations in the pleading objected to. The general expression
that it is vague, uncertain, and the like, aone shall be regarded
as no more than a general exception.
General and special exceptions defined. Pfeifer vs. Wilke, 107 S. W.
R., 361; Vickery vs. Dockery, 158 S. W. R., 1160; M., K. Jefferson vs. Scott, 135 S. W. R., 705.
Rule 18 requires a special exception to point out intelligently and specifically
the objections raised. S. W. Tel. Railway Co. vs. Granger, 85 T., 574 (22 S. W. R., 959).
Held, a general demurrer to a petition goes to it as a whole, and is
properly overruled if any part presents a cause of action. Kampmann
vs. Rothwell, 107 S. W. R., 120; Morgan vs. Brown, 156 S. W. R., 361.
Held, on general demurrer every reasonable intendment will be in favor
of the sufficiency of the pleading. Walker vs. Fisk, 136 S. W. R., 101;
Martin vs. Brown, 62 T., 467.
Held, purported special exceptions to a pleading which attack its
substance and not its manner and form, were in effect, general demurrers.
Donnell vs. Currie Fritter vs. Pendleton, 134
S. W. R., 1186; Western Union Tel. Co. vs. Samuels, 141 S. WV. R.,.802.
EXHIBITS IN PLEADING.
19. Notes, accounts, bonds, mortgages, records and all other written
instruments, constituting, in whole or in part, the cause of action
sued on, or the matter set up for defense, may be made a part of the
pleadinos by copies thereof, or the originals, being attached and
referred to as such, in aid and explanation of the allegations in the
petition or answer made in reference to said instruments, 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
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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/m1/40/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .