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Rule 354. Cost Bond (1947)


The appellant shall execute a bond to be approved by the clerk, payable to the appellee in a sum at least double the probable amount of the costs of the court below, the Court of Civil Appeals, and the Supreme Court, to be fixed by the clerk, less such sums as may have been paid to the clerk by appellant on the costs, conditioned that appellant shall prosecute his appeal or writ of error with effect, and shall pay all the costs which have accrued in the court below, and which may accrue in the Court of Civil Appeals and the Supreme Court. Each surety on the bond shall give his post office address. Appellant may make the bond payable to the clerk instead of the appellee, and same shall inure to the use and benefit of the appellee and the officers of the court, and shall have the same force and effect as if it were payable to the appellee; or in lieu of a bond, appellant may deposit with the clerk cash equal to the estimated costs, less such sums as have been paid to the clerk by appellant on the costs, and in that event the clerk shall file among the papers his certificate showing that the deposit has been made and copy same in the transcript, and this shall have the force and effect of an ap­peal bond.

Original note:

Source: Art. 2265, with minor textual change.

Change by amendment effective February 1, 1946: The last sentence has been added.

Amended by order of Aug. 18, 1947, eff. Dec. 31, 1947: In the first sentence "such" in three instances has been omitted and in two of them supplied by "the." After the previous final sentence commencing "Each surety" and ending "address," the sentence commencing "Appellant may make" and ending "an appeal bond" has been added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 March 19, 1957, eff. Sept. 1, 1957
Sept. 20, 1941, eff. Dec. 31, 1941 April 12, 1962, eff. Sept. 1, 1962
Oct. 10, 1945,eff. Feb. 1, 1946 July 22, 1975, eff. Jan. 1, 1976
  June 10, 1980, eff. Jan. 1, 1981
  Dec. 5, 1983, eff. April 1, 1984
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986