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Rule 69. Supplemental Petition or Answer
TEXT
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 allegations formerly pleaded further than is necessary 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 pleadings 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.
Source: Texas Rule 10 (for District and County Courts).
Change: The word “facts” has been omitted.
Oct. 29, 1940, eff. Sept.1, 1941.
ADVISORY OPINIONS
(No. 89) Question: Where legal conclusions are used in a pleading, what do the rules contemplate as the proper treatment of them?
Answer: By Rules 45 and 69 the court omits, the requirement that allegations be of "facts" that had been contained in the parent statutes. In the first of these rules the court adds "that an allegation be … of legal conclusion shall not be ground for objection when fair notice to the opponent is given by the allegations as a whole."
In our opinion, therefore, allegations of conclusions of law should be treated as good pleading unless fair notice is not given by them and should even then be considered as sufficient unless objection on that ground is made to them. See Rules 67, 90 and 274.
6 Tex. B.J. 77 (1943) reprinted in 8 Tex. B.J. 33 (1945).