Consent not required; mental disability or emergency
Sec. 9. Sections 2 and 3 of this chapter do not apply to a person
who is mentally incapable of understanding the information required
to be provided by section 3 of this chapter. This section does not
require consent to health care in an emergency.
As added by P.L.1-1998, SEC.13.
&DNM.IC 34-55-12
&YENC.
&YAMD.
Chapter 12. Collection of Judgments Against City or County
&DNM.IC 34-55-12-1
&YENC.1998
&YAMD.1998
Judgments against county or city; appropriations; appeal
IC 34-55-12-1 Sec. 1. (a) A judgment against a county or city may
be enforced only from appropriations made for that purpose.
(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:
(1) the respective bodies and officers may be sued collectively by
their legal names;
(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.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-12-2
&YENC.1998
&YAMD.1998
Restrictions on remedies; inapplicabilty to certain actions
IC 34-55-12-2 Sec. 2. (a) This section does not apply to judgments
and awards arising out of actions between municipalities or in which
the state may have an interest.
(b) Execution may not be made upon a judgment or award of a court
or board against real or personal property owned by a city or town, or
on the interest of a city or town in such property.
(c) A mandate or injunction may not be issued by a court against a
city or town or the officers of a city or town concerning a judgment or
award unless the judgment or award arises from or out of an action in
tort or on an express contract.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006