§ 5-15-2-4 — Resisting complaint; answer of nul-tiel record; admission of oral testimony; reinstatement

Indiana § 5-15-2-4

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 15: PRESERVATION OF PUBLIC RECORDS
• Ch. 2: Reinstatement of Destroyed Records

Text

Such defendants may resist such complaint by
answer of nul-tiel record, and no other, as to the existence of the
record, bond, execution, order of sale or other writ, or the returns
thereon, or other paper sought to be reinstated; and upon the trial
thereof, oral testimony shall be admitted, and strict proof of dates, sums
and amounts, and actual entries and forms of record shall not be
required on the trial of such issue; but the court shall, on such hearing,
if the question is presented, determine, and in its record of
reinstatement set forth, what satisfaction, in whole or in part, by
payment or otherwise, has been made of any judgment or decree sought
to be reinstated since the rendition thereof, and if, upon such hearing,
such court shall be satisfied that the statements in such complaint are
true, the court shall make an order reciting what was the substance and
effect of such lost or destroyed record, bond, execution, order of sale
or other writ, or the returns thereon, or other paper or part thereof, and
what satisfaction, by payment or otherwise, in whole or in part, has
been made of any judgment or decree so sought to be reinstated when
that question is presented; which order shall be entered of record in
said court and shall have the same force and effect that the original
record would have had if the same had not been lost or destroyed,
subject to any satisfaction found by the court.
Formerly: Acts 1881, c.30, s.4.