Indiana Code 34-55-12-1. Judgments against county or city; appropriations; appeal
Current as of: 2023 | Check for updates
|
Other versions
Sec. 1. (a) A judgment against a county or city may be enforced only from appropriations made for that purpose.
(1) the respective bodies and officers may be sued collectively by their legal names;
(b) The proper officers of the county or city may be compelled by mandamus proceedings to make the necessary provisions for appropriating, levying, and collecting by taxation the sum necessary for the payment of a judgment. In the mandamus proceedings:
Terms Used In Indiana Code 34-55-12-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Service of process: The service of writs or summonses to the appropriate party.
(2) service of process may be made on any member of the respective bodies; and
(3) all members of the respective bodies are bound by the judgment.
(c) If a city is entitled to an appeal, the appeal shall be granted without bond. A judgment against a city may not be enforced pending an appeal.
[Pre-1998 Recodification Citation: 34-4-16.4-1.]
As added by P.L.1-1998, SEC.51.