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art. 17.16 (a)(2), c.c.p.

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/8081052491

August 26, 2009, 11:14
John A. Olson
art. 17.16 (a)(2), c.c.p.
Surety filed Aff. of Incarceration on 12-8-2007, relying therein on Art. 17.16, 17.19, & 22.13.

In 2009, T.C. enters judgment nisis. On 1-9-09, Surety files answer. A couple of settings are entered but surety does not appeal. In April 09, over 2 months after T.C. enters final judgment forfeiting bond, he files bill of review.

At hearing his argument is that Art. 17.16 (a)(2) compliance exonerated him. T.C. denies BOR noting in part that A.I. did not allege and he did not show during hearing that principal was not in federal custody on the arraignment date.

if surety's affidavit releied on 3 statutes doesn't he have to show compliance on the three, or does compliance with Art. 17.16(a)(2) suffice?