US Lawyer Database

§ 16-119-102. Proceedings for restoring records generally

In adjudicating upon any petition filed under the provisions of this chapter, similar proceedings shall be had as upon any other cases pending in the court with the same right of appeal and of suing out writs of error to the high legal tribunals.

§ 16-119-103. Restoration of destroyed judgments generally

(a) If any person or persons, either in the person’s or persons’ own right or as guardian or guardians, executor or executors, or administrator or administrators, have obtained any allowance, judgment, or decree, either for money or any kind of property, or for the performance of any act, in a probate court, county court, or […]

§ 16-119-104. Restoration of destroyed judgments — Procedural conditions

No reinstating order, sentence, or decree shall be rendered by the court, unless: (1) The petition is verified by affidavit and has been filed in the office of the clerk of the court thirty (30) days previous to the term of the court at which the application is intended to be made; and (2) Due […]

§ 16-118-105. Usurpation of office or franchise — Vacation of charters

(a) In lieu of the writs of scire facias and quo warranto, or of information in the nature of a quo warranto, actions may be brought to vacate or repeal charters and prevent the usurpation of an office or franchise. (b) (1) Whenever a person usurps an office or franchise to which he or she […]

§ 16-119-105. Restoration of records in pending cases

(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in […]

§ 16-117-306. Distribution of funds

(a) Upon the final hearing, the court, after deducting the cost and paying all public taxes, shall order the proceeds to be distributed among the creditors in the order and with the following preferences: (1) The salaries of employees earned within three (3) months and all laborers’ wages shall be paid first; (2) After making […]

§ 16-117-307. Insolvent partnerships

In the case of an insolvent partnership, all or any of the partners may unite in one (1) complaint filed in the county where either one resides; but in such cases, all individual as well as firm property must be turned over to the receiver, and the firm property and the individual property shall be […]