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Rule 358. Revival Against Successor in Office


(a) When a suit in mandamus or injunction is brought against a person holding a public office, in his official capacity, and after final trial and judgment in the trial court, and notice of appeal to the Court of Civil Appeals or Supreme Court has been given, if such person should vacate such office, the suit shall not abate, but his successor may be made a party thereto by a motion showing such facts.

(b) Unless waived, the clerk shall give the successor ten days notice of such motion, whereupon the court shall hear and determine same, and its judgment, order or decree shall be enforced, and the successor bound thereby.

(c) In such cases, the successor shall not be liable for any costs that have accrued prior to the time he was made a party.

Source: Art. 2269.

Change: The statute is considered to be largely outside the description of practice and procedure, and such portions as are not embraced within the Rule Making Power are carried for context only. The procedural change is in the provision for ten days notice of the motion and the elimination of verification on the motion and of certain allegations heretofore required in the motion.

For context only: Acts 1939, 46th Leg., p. 59, Sec. 1. Party Participating in Actual Trial; Writ of Error Review by Court of Civil Appeals. No party who participates either in person or by his attorney in the actual trial of the case in the trial court shall be entitled to review by the Court of Civil Appeals through means of writ of error.

For context only: Art. 2255. Writ of Error Sued Out. The writ of error, in cases where the same is allowed, may be sued out at any time within six months after the final judgment is rendered.

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


July 22, 1975, eff. Jan. 1, 1976

Repealed by order of April 10, 1986, eff. Sept. 1, 1986