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Rule 636. Indorsements by Officer

TEXT

The officer receiving the execution shall indorse thereon the exact hour and day when he received it. If he receives more than one on the same day against the same person he shall number them as received.

Source: Art. 3785, first sentence and first part of second sentence, unchanged.

For context only: Art. 3785. Indorsements By Officer (part). On the failure of the officer to indorse the execution as required by Rule 636, or in case of false indorsement, he and his sureties shall be liable on motion in the court from whence the execution is issued, three days’ notice being given, to a judgment in favor of the plaintiff in execution for twenty per cent on the amount of the execution, together with such damages as the plaintiff in execution may have sustained by such failure or such false in­dorsement.

For context only: Art. 3786. Execution onProperty of Surety. If it appear upon the face of an execution, or by the indorsement of the clerk, that of those against whom it is issued anyone is surety for another, the levy of the execution shall first be made upon the prop­erty of the principal subject to execution and situate in the county in which the judgment is rendered. If property of the principal cannot be found which will, in the opinion of the officer, be sufficient to make the amount of the execution, the levy shall be made on so much property of the principal as may be found, and upon so much of the property of the surety as may be necessary to make the amount of the execution.

For context only: Art. 3787. On Death of Officer. If the officer receiving an execution die or go out of office before the return of any execution, his successor, or other officer authorized to discharge the duties of the office in such case, shall proceed therein in the same manner that such officer should have done.

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