Battaglia v. Thomas

ON MOTION FOB REHEABING.

NEILL, Associate Justice.

A general denial has the effect of requiring the plaintiff to establish the allegations he has made which are material to his case: Altgelt v. Emilienburg, 64 Texas, 150; Guess v. Lubbock, 5 Texas, 535.

It is not necessary that he should prove an allegation which he may unnecessarily have made. For example, in suits for debt it is common for the plaintiff to allege that no payment has been made; yet it would not be contended that in such case the defendant would be allowed, under his general denial, to disprove the averment by proving payment.

Del…