§ 16-19-1103. Amendment of return
Whenever the court is satisfied that the return of the record of the proceedings of the justice of the peace is substantially defective, the court may by rule and attachment compel him to amend the return.
§ 16-19-1104. Securing or correcting bond after allowance of appeal — No dismissal for want of bond
No appeal allowed by a justice of the peace shall be dismissed because there is no bond or obligation or because the bond or obligation given is defective if the appellant, before the motion to dismiss is determined, enters before the circuit court into such obligation as he ought to have entered into before the […]
§ 16-19-1105. Trial on appeal
(a) Upon the return of the justice of the peace being filed in the clerk’s office, the court shall be in possession of the cause and shall proceed to hear, try, and determine the cause anew on its merits, without any regard to any error, defect, or other imperfection in the proceedings of the justice […]
§ 16-19-1106. Dismissal or failure to prosecute appeal — Effect
If the party appealing moves to dismiss in the circuit court or fails to prosecute his appeal, it shall be at the option of the appellee either to proceed to trial on the appeal or have judgment rendered for the amount of the original judgment and costs where it was in his favor or in […]
§ 16-19-1107. Judgment on appeal and proceedings thereon
In all cases of appeal from a justice of the peace, if the judgment of the justice of the peace is affirmed or if on the new trial in the circuit court the judgment is against the appellant, the judgment shall be rendered against the appellant and his securities in the bond or obligation for […]
§ 16-19-1108. Satisfaction of judgment by security — Judgment for amount paid — Interest
(a) After the return of an execution, satisfied in whole or in part out of the property of a security, the security shall be entitled to a judgment, upon motion, against the principal for the amount so paid by the security, together with interest thereon at the rate of ten percent (10%) per annum from […]
§ 16-19-1008. Sale of goods and chattels levied upon — Notice
(a) The constable, after taking goods and chattels into his custody, by virtue of an execution, shall without delay give public notice by at least three (3) advertisements posted in three (3) public places in the township, of the time when and place where they will be exposed to sale. The notice shall describe the […]
§ 16-19-1009. Return of execution
The constable shall return the execution and have the money before the justice of the peace at the time of making the return, ready to be paid over to the persons respectively entitled to the money.
§ 16-19-1010. Payment of judgment to constable or justice of the peace — Recovery by party entitled
(a) (1) The constable of the township shall receive all money that may be tendered to him in payment of any judgment obtained before a justice of the peace of the township and shall give the person paying the money a receipt therefor. The receipt shall specify on what account the money was paid. (2) […]
§ 16-19-1011. Suing out execution in circuit court — Procedure — Effect
(a) (1) Every justice of the peace, on the demand of any person in whose favor he has rendered judgment for more than ten dollars ($10.00), exclusive of costs, shall, upon payment of costs thereon, give to that person a certified copy of the judgment. (2) The clerk of the circuit court of the same […]