Section 365.40 — Town Name In Suit; Exception; Service; Defense.
365.40 TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE. Subdivision 1. Town or officers named. In all actions or proceedings the town shall sue and be sued in its name, except that town officers may sue in their official names for the town’s benefit. Subd. 2. Serve chair or clerk. In an action against a town, […]
Section 365.41 — Judgment Against Town; Payment; Execution.
365.41 JUDGMENT AGAINST TOWN; PAYMENT; EXECUTION. Subdivision 1. Paid by town treasurer. A judgment against a town, or a town officer in an official capacity, must be paid by the town treasurer on demand if there is enough unappropriated money on hand. The demand is made by giving the town treasurer a certified copy of […]
Section 365.42 — Amount Of Unpaid Judgment Added To Tax Levy.
365.42 AMOUNT OF UNPAID JUDGMENT ADDED TO TAX LEVY. A certified copy of the docket of an unsatisfied money judgment may be presented to the first annual town meeting after the judgment is rendered. If proceedings on the judgment are not stopped the town board shall then add the amount of the judgment to the […]
Section 365.38 — Notify Clerk Before Suit; Wait 30 Days On Order.
365.38 NOTIFY CLERK BEFORE SUIT; WAIT 30 DAYS ON ORDER. Subdivision 1. On most money claims; exceptions. If an action on a claim can demand only a money judgment the action cannot be brought against a town until a statement of the claim is filed with the town clerk. Filing is not required for actions […]
Section 365.39 — Lawsuit With Town As Party Is Like Any Lawsuit.
365.39 LAWSUIT WITH TOWN AS PARTY IS LIKE ANY LAWSUIT. An action or proceeding with a town as a party must be handled as other actions and proceedings are handled. A judgment has the same effect as a judgment in a similar action or proceeding between individuals. History: (1104) RL s 693; 1987 c 229 […]