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[Z. S.] ^ W. R,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

W. F.,
Clerk of Court, County.

The above is based on articles 1340 and 2338 of the Revised Statutes. The
officer is not required to produce the money in court. He must pay it to the
person entitled at the earliest opportunity. R. S. 2384, 2385.

Tlie several items of the bill of costs to be collected must be indorsed on the
writ in intelligible words and figures. R. S. 2338. See Form No. 121.



No. 128.

Execution for the Delivery of Property.

The State of Texas, To the Sheriff or any Constable of County ^

Greeting:

Whereas, on the day of , A. D. IS — , A. B. recovered a

judgment in the court of county against C. D. for the

title and possession of the following described property, viz. [here
insert a particular description of the proper ty\ and for the sura of

dollars, with interest thereon from the day of , A. D.

18 — , at per cent, per annum, and all costs of suit, as of record

is manifest:

Therefore you are hereby commanded to seize the above de-
scribed property, and deliver possession of the same to the said
A. B., and of the goods and chattels, lands and tenements of the

said C. D. cause to be made* said sum of dollars, and interest

as aforesaid, together with the sum of dollars, costs adjudged

against the said C. D., and also the further costs of executing this writ.

Herein fail not, and have you the said moneys, together with this
writ, before said court, at the court-house thereof in the town of

, on the Mondav in next, being the day of ,

A. D. IS—.

AVitness , clerk of the court of count3\

Given under my hand and the seal of said court, at office in the
town of , this the day of , A. D. 18 — .

[Z. s:\ w. R,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

W. R,
Clerk of Court, County.

Where it is shown by the pleadings and evidence, and the verdict, if any.
that the personal property has an especial value to the plaintiff, the court may.
by its judgment, award a special writ for the seizure and delivery of sucli prof)-
erty to the plaintiff, and may, in addition to the other relief granted, enforce
its judgQient by attachment, fine and imprisonment. R. S. 1339.

Process which requires only the delivery of specific real or personal property
may be issued at the same time to different counties. R. & 2337.



84: EXEOUTIOKS AND ORDERS OF SALE.

No. 129.

Execution for Personal Property or its Value.

The State of Texas, To t/ie Sheriff or any Constable of County^

Greeting:

Whereas, on the day of , A. D. 18 — , A. B. recovered a

judgment in the court of county, against O. D., for the

title and possession of the following described personal property, or
its value as hereinafter stated in case delivery cannot be had, viz.
\liere msert a particular description and the value of each article of

proper ty\ and also for the sum of dollars, with interest thereon

from the day of , 18 — , at per cent, per annum, and

all costs of suit, as of record is manifest:

Therefore you are hereby commanded to seize the above-described
property and deliver possession of the same to the said A. B., but
in case said property, or any part thereof, cannot be found, so that
a delivery thereof cannot be made, then of the goods and chattels,
lands and tenements of the said C. D. cause to be made the value

thereof, as above specified, and also said sum of dollars [as in

preceding Formfron%'^\

No. 130.

Execution on Forfeited Delivery Bond.

The State of Texas, To the Sheriff or any Constahle of County,

Greeting:

"Whereas, on the day of , A, D. 18 — , A. B., plaintiff,

recovered a judgment in the court of county, against

C. D., defendant, for the sum of dollars, with interest thereon

from the day of , A. D. 18 — , at per cent, per annum,

and all costs of suit, as of record is manifest, upon which there is
now due the sum of dollars, and the further sum of dol-
lars, costs of suit; and whereas, on the day of , A. D. 18 — ,

an execution was issued on said judgment, directed to the sheriff
or any constable of county, which was returned with the fol-
lowing indorsement thereon, viz. : " Came to hand on the day

of , A. D. 18 — , at o'clock — . M., and executed on the

same day by taking into my possession the following described
personal property of the defendant, designated by him to be levied
upon, viz. [descrihe the property\ and the defendant having re-
quested the return of the property to him, and having tendered
to me his bond, with M. N. and O. P., sureties, conditioned for the

delivery of said property to me at , on the day of ,

A, D. i8 — , to be sold according to law, or for the payment to me

of the fair value of said property, to wit, the sum of dollars, I

returned said property to said defendant on the day of ,

A. D. 18 — . "- — , Sheriff of County;" and whereas,



KXECUTIONS AND ORDERS OF SALE. 85

afterwards, on the clay of , A. D. 18 — , the said sheriff re-
turned said bond to the clerk of said court, indorsed "Forfeited:"

Now, therefore, you are hereby commanded that of the goods
and chattels, lands and tenements of the said C. D., principal debtor,
and M. N. and O. P., sureties, you cause to be made the said sum
of dollars [the amount of the judgment^ vnth costs, hut not ex-
ceeding the stipulated value of the property^ Slg.^ also the further
costs of executing this writ.

Herein fail not, and have you the said moneys, together with this
writ, before said court at the court-house of said county, in the

town of , on the Monday in next, being the day

of , A. D. 18—.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at office in the
town of J this the day of , A. D. 18—.

[Z. S.-\ W. F.,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

W. F.,
Clerk of Court, County.

Indorse on the execution that no delivery bond is to be taken. R. S. 2359.



No. 131.

Yenditioni Exponas.

The State of Texas, To the Sheriff or any Constable of County,

Greeting:

Whereas, on the day of , A. D. IS — , A. B. recovered a

judgment in the court of county, against C. D., for the

sura of dollars, with interest thereon from the day of

, 18 — , at per cent, per annum, besides the costs in that

behalf expended, as of record is manifest. And whereas, ,

sheriff of county, has, by virtue of an execution issued upon

the aforesaid judgment, levied upon certain property of the said
C. D., of the description following, to wit: {Ilere describe the prop-
erty levied upon'] : Therefore you are hereby commanded that yuu
proceed according to law, and sell the above-described property as
under execution, and apply the proceeds thereof to the ])ayraent
and satisfaction of the aforesaid sum of dollars, with the in-
terest due thereon, from the day of , A. D. 18 — , at the

rate of per cent, per annum; also, the sum of dollars. for

costs of suit, which against the said C. D. were adjudged, together
with the further costs of executing this Avrit.

Herein fail not, and have you the said moneys, together with
this writ, before said court, at the court-house thereof, town, of
', on the Monda}'^ in next.



S6 EXECUTIONS AND OKDEES OF SALE.

Witness , clerk of the court of county.

Given under m}'' hand and the seal of said court, at office in the

town of , this the dav of , A. D. 18 — .

[Z. S.] " W. F.,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

As to when the above writ is authorized, and the proper procedure, see 2 Tex.
Civ. Prac, § 1296.

No. 132.

JExecution iqwn a Judgment Affirmed with Damages.

The State of Texas, To the Sheriff or any Constable of Coimiy,

Greeting:

Whereas, on the day of , A. D. 18 — , A. B. recovered a

judgment in the court of county, against C. D., for the

sum of ■ dollars, with interest thereon from the day of

, 18 — , at per cent, per annum, besides the costs in that

behalf expended, as of record is manifest ; and whereas, the judg-
ment of our court aforesaid was, on the day of , A. D.

18 — , affirmed in our court of civil appeals for the supreme

judicial district [or the supreme court], against the said C. D., and
M. N. and O. P., sureties; and whereas, it was adjudged by the said
court of civil appeals that the said A. B. do have and recover of

the said C. D., M. N. and O. P. the further sum of dollars, by

way of per centum damages for delay, as appears from the

mandate of said court of civil appeals filed in our said court

on the day of , A. D. 18 — : Therefore you are hereby

commanded that of the goods and chattels, lands and tenements of
the said C. D. and M. N. and O. P., you cause to be made said sum

of dollars, with interest thereon at the rate of per cent.

per annum, from the — — day of , A. D. 18 — ; also tlie sum

of dollars, the damages aforesaid, with interest thereon from

the day of , 18 — , together with the sum of dollars,

costs of suit, and the further costs of executing this writ.

Herein fail not, and have you the said moneys, together Avith this

writ, before said court, at the court-house in the town of , on

the Monday in ■ next, being the day of , A. JO

IS—.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at office in the
town of , this the day of , A. D. 18 — .

(L.S.] W. P.,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

As to the rate per centum where damages are allowed on afl&rmance, see R S
1024, 1028.



shekiff's deed. 87

No. 133.

Sheriff ^s Deed on Scde of Real Estate.

The State of Texas, )
County of . \

Know all men by these presents, that whereas, by virtue of a cer-
tain execution, issued out of the court of the count}^ of , in

favor of A. B. and against C. D., on a certain judgment rendered on

the day of , A. D. 18 — , and directed and delivered to me,

as sheriff of the county of , commanding me of the goods and

chattels, lands and tenements of the said C. D. to make certain
moneys in said Avrit specified, I, J. D., sheriff as aforesaid, did upon

the day of , A. D. 18 — , levy on and seize all the estate,

right, title and interest which the said defendant, on the day

of , A. D. 18 — , so had of, in and to the premises hereinafter de-
scribed ; and on the first Tuesday of , A. D. 18 — , within the hours

prescribed by law, sold said premises at public vendue, in the county

of , at the door of the court-house thereof, having first given

public notice of the time and place of such sale by causing an ad-
vertisement thereof to be posted up at three public places in the
county aforesaid, one of which was the court-house of said county,
for twenty days jirevious to said sale, and by delivering and mail-
ing to the said C. D. and to his attorney of record a copy of said
notice as required by law \if the notice was published, state the facts
as iti Form No. l:2Jt] ; and whereas, at said sale, the said premises

were struck off to John Doe for the sum of dollars, he being

the highest bidder therefor, and that being the highest secure bid
for the same :

Now, therefore, in consideration of the premises aforesaid, and

of the payment of the said sum of dollars, the receipt of which

is hereby acknowledged, I, J. D., as the sheriff as aforesaid, have
sold, and by these ])resents do grant and convey, unto the said John
Doe, all the estate, right, title and interest which the said C. D.

had, on the day of , A, D. 18 — , or at any time afterwards,

of, in and to the following described premises, viz, : [Describe the
property.']

To have and to hold the above-described premises unto the said
John Doe, his heirs and assigns forever, as fully and as absolutely
as I, as sheriff as aforesaid, can convey by virtue of the said writ
of execution.

In testimony whereof I have hereunto set my hand this day

of ,A. D;18— . J. D.,

Sheriff of County.

As to the requisites of a sheriff's deed, especially in the description of the
property sold, see 2 Tex. Civ. Prac, g^ 1293, 12'J4.



ob SCIKE FACIAS TO REVIVE A JUDGMENT.

No. 134.

Scire Facias to Bevive a Judgment.

The State of Texas, To the Sheriff or any Constable of County ^

Greeting:

Whereas, it appears from the records of the court of

countv^ that A. B. recovered a judgment in said court on the

day of , A. D. 18 — , against C. D., for the sum of dollars,

with interest thereon from said date at the rate of per cen-
tum per annum, besides the sum of dollars as costs of suit,

in an action on a promissory note executed before that time by the

said C. D. for the sum of dollars; and vv^hereas, it appears

from the records of said court that said judgment remains wholly
unsatistied, and that execution has not issued thereon within twelve
months after the rendition thereof, and the said A. B. has applied
to our said court for a remedy in this behalf:

jSTow, therefore, you are hereby commanded that you summon

the said C. D. to be and appear before the court of county,

to be holden at the court-house.thereof on the Monday in

next, being the day of , A. D. 18 — , then and there to

show cause, if any he has, why the said A. B. ought not to have
his execution against him according to the force, form and effect of
the said recovery; and further to do and receive what our said
court shall then and there consider of him in this behalf.

Herein fail not, and have you this writ before said court, on the
said day of , A. D. 18 — , with your return thereon show-
ing how you have executed the same.

Witness , clerk of the court of county.

Given under my hand and the seal of said court, at oflSce in the
town of , this day of , A. D. 18 — .

[Z. S.] W. F.,

Clerk of Court, County.

Issued this day of , A. D. 18 — .

W. F.,
Clerk of Court, County.

Compare article 2326a of the Eevised Statutes of 1895 with article 3361. It
seems that if execution issues within twelve months after the rendition of the
judgment, a second one may issue at any time within ten years thereafter, and
so on, with periods of ten years between executions. R. S. 2326a. If execution
has not issued within twelve months after the rendition of the judgment, the
judgment may be revived by scire facias or action of debt brought thereon
within ten years after the date of the judgment, and not after. R. S. 3361.

The meaning of the statute seems to be that, if the judgment becomes dor-
mant by failure to issue execution within the first twelve months, it may be
revived at any time within ten years; but if it is allowed to become dormant
by the lapse of ten years between executions, it cannot be revived.

For the proper procedure, see 2 Tex. Civ. Prac, ^^5 1270, 1271. The defendant
pleads to the writ any defense he may have to the judgment, such as nul tiel
record, payment, release, etc., but not anything which he could have set up as



JUDGMENT LIENS ABSTKACJ. 8^

a defense to the original action. An action of debt is recommended as a simpler
remedy.

The judgment is that the plaintiff have execution. 2 Tex. Civ. Prac, § 1271.
See Green's Practice, §§ 1196-1209.;



No. 135.

Judgment Liens — Abstract of Judgment.

The State of Texas,

County of .

At a term of the court begun and holden at , within and

for the county of , by the Hon. , judge thereof, in a

cause numbered on the docket of said court, wherein A. B.

was plaintiff and C. D. was defendant, a judgment Avas rendered on

the day of , A. D. 18 — , in favor of the said A. B. and

against the said C. D. for the sum of dollars, with interest

thereon at the rate of per cent, per annum from date, and the

further sum of dollars, costs of suit; and there still remains

due on said judgment the said sum of dollars, with interest

and costs, as aforesaid [o?" state the amount remaining due'].

I, , clerk of the court of county, Texas, do

hereby certify that the above is a true and correct abstract of said
judgment as of record in said court.

W itness my hand and the seal of said court this da}' of ,

A. D. 18—.

[Z. S.'\ W. F.,

Clerk of Court, County.

As to the requisites of the abstract, the recording and indexing, see 3 Tex.
Civ. Prac, ^ 1273.



INDEX TO FORMS.



The references are to Form numbers "when not otherwise indicated.



ABATEMENT OF ACTIONS —

suggestion of death, of u sole plaint-
iff, 25.
may be made by the lieir, 25,

note,
of a sole defendant, 26.
of one of two plaintiffs, 27.
of one suing for the u.se of an-
other, 28.
of sole plaintiff in actions for
causing death, 29.
marriage of female plaintiff or de-
fendant, 30, 31.
scire facias to make parties, 32.
order to make an administrator a
party, 33.

ABSTRACT OF JUDGMENT, 135.

ACCOUNT —
affidavit, 86.

AFFIDAVIT —

to be admitted to sue as poor per-
son, 0.
or for appointment of counsel,
10.

for citation by publication, 20.
in case of unknown heirs, 22.

for service of notice of interroga-
tories, 39.

supporting application for change
of venue, 44.

counter, on application for a con-
tinuance. 47, note.

for original attachment, 49.

of claimant of property, 65.

for writ of sequestration, 67.

for injunction, 75.

for an attachment for disobeying
an injunction, 78.

to an account, 86.

in lieu of appeal bond, 116.

AFFIRMANCE ON CERTIFICATE,
119-121.

APPEAL BONDS, 114-116.

APPEALS AND WRITS OF ERROR —
cost bond, 114.

appeal perfected, wiien, 114, note,
writ of error, how obtained; super-
sedean, 114, note.



APPEALS AND WRITS OF ERROR
(continued) —
svppvsedeaH bond, 11.5.
affidavit in lieu of cost bond, 110.
citation in error; return, 117.

service; alias d^nd piuries, 117,
note,
writ of supersedeas, 118.
certiiicate for affirmance, 119, 120.
indorsements on, 121.

ARBITRATION —

submission; procedure, 83, and

note,
oath of arbitrators, 84.
the award; entering judgment, 85,

and note,
judgment on award, 108.

ATTACHMENT —
for a witness, 36.

for disobeying an injunction, 78, 79.
for delivery of specific property,
128, note.

ATTACHMENT, ORIGINAL —
affidavit for, 49, and note,
bond, 50, and note.
form of writ. 51.

when issued; how levied; sev-
eral may issue, 51, note.
ofBcer'.s indorsement and return of
levy on personal pi'operty, 51.
on real estate; registration of
writ, p. 35, and note,
report of disposition of personal
property after return of writ,
p. 35.
bond of indemnity, 52.
replevy by defendant, 53.
application for sale of perishable
property, 54, and note,
order of sale, 55.

officer's return or report of
sale, p. 38.
judgment for plaintiff, 113. •

ATTORNEY —

appointment for poor person, 10.
or on service by publication, 11.

BOND FOR COSTS, 13.

affidavit of inability to give, 9.

on appeal or writ of error. 114.

affidavit in lieu of, 116.



92



INDEX TO FORMS.



BOND OF INDEMNITY —
on levy of attachment, 52.

BONDS —

for attachment, 50, and note.

in garnishment, 59.

of claimant, 66.

for writ of sequestration, 68.

of purchaser of property seized

under writ of sequestration, 74,

and note,
for injunction, 76.
for certiorari, 81.

CERTIORARI TO JUSTICES'

COURTS —
petition for and order of judge, 80.
form of bond, 81.
bond, petition and order must be

filed, 81, note,
form of writ; when returnable;

supersedeas and citation, 83, and

note.

CHANGE OF VENUE —
consent of parties, 43.
application for, 44.

supporting affidavit, 44, and
note.
order for, 45.
duty of clerk, 45, note.

CITATION BY PUBLICATION —
appointment of counsel for defend-
ant, 11.
affidavit for, 20.

in suits against life or health
insurance companies, 20,
note,
in suits for partition, 20, note,
form of writ, 21.

in suits for partition, 21, note,
affidavit for citation to unknown
heirs, 22.
form of writ, 23.
officer's return, 24.
citation in error, 117, note.

CITATION FOR PERSONAL SERV-
ICE—

general form, 14.

service and return, 14, note.

alias and plaries, 14, note.

sheriff's indorsement and return,
p. 14.

where the suit is by or against one
in a particular capacity, 15.

for a domestic corporation, 16.
should name local agent, 16,
note.

for a foreign corporation, IT".

against a life or health insurance
company, 17, note.

for a city, town or village, 18.

against a county, served on county
judge, 18, note.

against partners, 19.

how served, 19, note.



CITATION IN ERROR, 117. •

CLERK OF COURT —

bond of district clerk, 5.
jjro tem.. appointment of, 6.

bond required, 7.
appointment of deputy, 8.

CONFESSION OF JUDGMENT, 102-
104.

CONTINUANCE —
first application, 46.
second application, 47.
counter-affidavits; admitting facts,.

47, note.
order of court, 48.

DEFAULT —

forms of judgments, 96-101.

DELIVERY BOND —

by defendant in execution, 126.
forfeited; execution on, 130.

DEPOSITIONS —

notice of filing interrogatories, 37.
must be filed; how served, 37,
note,
may be taken when, 37, note,
precept to serve notice of interrog-
atories, 38.
on a corporation, 38, note,
affidavit for service of notice of
interrogatories by publica
tion, 39.
precept to serve notice, 40.
officer's return, 40.
commission to take testimony, 41.
to whom addressed, 41, note,
cross-interrogatories, 41, note,
instructions to the commissioner,
42.

DEPUTY CLERK —

appointment. 8.

DEPUTY SHERIFF —

appointment and bond, 3, 4>

DORMANT JUDGMENTS, 134, note.

EXECUTIONS AND ORDERS OF
SALE —
execution for money, 122.
general provisions, 122, note,
return of sale of personal property,
123.
of real estate, 124
procedure on sale of real estate, 124^

note,
notice of sale of real estate, 125.
delivery bond by defendant, 126.

forfeited, execution on, 130.
order of sale on foreclosure of lien,

127.
for delivery of personal property,

128, and note,
for personal property or its value,.

129.



INDEX TO FORMS.



93



EXECUTIONS AND ORDERS OF
SALE (continued) —

venditioni exponas, 131.

on judgment affirmed with dam-
ages. 182.

sheriff's deed, 133.

GARNISHMENT —

application for writ in aid of an
attachment, 56.
wliere plaintiff sues for a debt
without suing out an attach-
ment, 57.
after judgment, 58.
bond required, when, 59.
form of writ, GO.
service of writ. fiO. note,
replevy bond, Gl.

commission to take answer of gai'-
nishee. 62.
summoning garnishee before

commissioner. 63, and note,
commissioner's return, p. 44.
notice to garnishee that his answer
is controverted, 64, and note.

GUARDIAN AD LITEM —

appointment of, 13.

INJUNCTION —

application for; order of judge, 75.
bond, 76.

writ of injunction, 77.
disobedience, application for at-
tachment, 78.
order of court. 78.
attachment, 79. ,

JUDGMENT LIENS —

abstract of judgment, 135.

JUDGMENTS —

on exception to petition or answer,

87-93.
of nonsuit, 94, 95.
by default, 96-101.
of dismissal, 100.
by confession, 102-104.
by nil (licit, 105.
for plaintiff, on verdict, 106.
on trial by court, 107.
on awax'd of arbitrators, 108.
for recovery of specific prop-
erty, 109.
in suit for specific property, the
same having been replevied, 110.
for recovery of land. 111.
foreclosing a lien, 112.
in suit by attachment, 113.
scire facias to revive, 134, and note.

JUDICIAL SALES —

notice and return, 123-125, and
notes.

JURY TRIAL —

in case of default, 96, 97, notes.



LEVY —

of writof a(tach»iient,51.andnotes.

LIEN —

judgment foreclosing, 113, 113.
order of sale, 127.

NOTICE —

ol filing interrogatories, 37.

precept to serve, 38.
to garnishee that his answer is con-
troverted, 64.
of sale on execution, 123-125.

NOTICE BY PUBLICATION —
of filing inteiTogatories, 39, 40.
of sales on execution, 124, 125.

OATH —

of office, 1. 3. note.

of clerk of district court. 5, note.

of deputy, 8, note,
of arbitrators, 84.

OFFICIAL BONDS —

sheriff's, 2.
of deputy sheriff, 4.
clerk of district court, 5.
clerk pro tevipore, 7.

ORDERS OF COURT —

admitting one to sue in forma
pauperis, and appointing coun-
sel, 10.
appointing counsel to defend for

one cited by publication, 11.
appointing guardian ad litem, 12.
to make an administrator a party,

oo

for change of venue. 45.

for a continuance, 48.

sale of perishable property seized
under writ of sequestration, p. 51.

for an injunction, 75.

attachment for disobeying an in-
junction, 78.

awarding a certiorari to a justice,
80.

ORDERS OF SALE —

of personal property seized under
attachment, 55.
under writ of sequestration, 73.


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