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Rule 333. Bond (1962)


Except in cases specified in Sec. 29 of the Texas Probate Code, the party desiring to appeal shall, within fifteen days from the date of rendition of such decision, order, decree or judgment appealed from, file with the county clerk a bond with two or more good and sufficient sureties, to be approved by the county clerk, payable to the county judge in an amount to be fixed by the county judge, conditioned that the appealing party shall prosecute said appeal with effect, and perform the decision, order, decree or judgment which the district court shall make thereon in case the cause shall be decided against him; or in lieu of a bond, the party desiring to appeal may deposit with the clerk cash in the amount so fixed by the county judge, and in that event the clerk shall file among the papers his certificate showing that the deposit has been made, and copy such certificate in the transcript if one is prepared, and this shall have the fore effect of an appeal bond.

Note: Rule 333 formerly dealt with appeal on affidavit in probate proceedings involving estates of decedents. Its source was Art. 3701. Amended by order of April 12, 1962, eff. Sept. 1, 1962, Rules 332 to 339, inclusive, are rewritten and rearranged to establish uniform procedures applicable to appeals in both estate and guardianship proceedings. The provisions of Rule 333 are adapted from Rule 354 and former Rule 332. Previous notes regarding original Rule 333 and the 1943 amendment thereto have been deleted.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of July 22, 1975, eff. Jan. 1, 1976
June 16, 1943, eff. Dec. 31, 1943