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Rule 629. Requisites of Execution

TEXT

The style of the execution shall be "The State of Texas." It shall be directed as follows: “To the Sheriff or any Constable of any County of the State of Texas. It shall be signed by the clerk or justice officially, and bear the seal of the court, if issued out of the district or county court, and shall require the officer to execute it according to its terms, and to make the costs which have been adjudged against the defendant in execution and the further costs of executing the writ. It shall describe the judgment, stating the court in which, and the time when, rendered, and the names of the parties in whose favor and against whom the judgment was rendered. A correct copy of the bill of costs taxed against the defendant in execution shall be attached to the writ. It shall require the officer to return it within thirty, sixty, or ninety days, as directed by the plaintiff or his attorney.

Source: Arts. 2446, 3783, and 3784.

Change: Effectuation of the rule making execution a statewide process. Elimination of requirement that an alias or pluries execution show upon its face the number of previous executions.

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

AMENDMENTS

Sept. 20, 1941, eff. Dec. 31, 1941