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Rule 592. Form of Attachment Bond

TEXT

The following form of bond may be used:

"The State of Texas,

County of_________,

"We, the undersigned, _____________________________________ as principal, and ________________________ and _______________ as sureties, acknowl­edge ourselves bound to pay to C. D. the sum of ________________ dollars, conditioned that the above bound plaintiff in attachment against the said C. D., defendant, will prosecute his said suit to effect, and that he will pay all such damages and costs as shall be adjudged against him for wrongfully suing out such attachment. Witness our hands this ___________ day of ____________________ , 19_____."

Source: Art. 280, unchanged.

For context only: Art. 281. Attachment in Tort or Unliquidated Demand. Nothing in this title shall prevent the issuance of attachments in suits founded in tort or upon unliquidated demands against persons, co-partnerships, associations or corporations upon whom personal service cannot be obtained within this State. Where the demand is unliquidated, the amount of the bond to be made by the plaintiff shall be fixed by the judge or clerk of the court or by the justice of the peace issuing the attachment. The bond shall be made in the sum so fixed and upon the approval and filing of same the attachment shall issue as in other cases.

For context only: Art. 282 (part) Writ to Issue Instanter. Upon the execution of such affidavit and bond, it shall be the duty of the judge or clerk, or justice of the peace, as the case may be, immediately to issue a writ of attachment.

Oct. 29, 1940, eff. Sept. 1, 1941.

Renumbered in 1978 to Rule 592b.