§ 54-12-142 — Appeal from order establishing or refusing to establish district, and penalty of appeal bond - Damages on appeal bond

Tennessee § 54-12-142

• Jurisdiction: Tennessee
• Title: 54

Text

(a) When any person opposing the creation of the district appeals from the order or decision of the monthly county court establishing or creating the district, the person shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer's report, and conditioned to pay all damages, actual and punitive, if any, and costs as may be suffered by the district and the petitioners for the appeal, if the appeal is not successfully prosecuted, the damages to be recovered by suit upon the bond or writ of inquiry in the circuit court that may be awarded in those cases. (b) If the appeal is from an order or judgment of the monthly county court refusing to establish the district, the appeal bond shall be for costs only, and the appeal bond, when made by persons asking damages or by persons opposing the establishment of the district, shall be made payable to the state for the use of those entitled, upon which bond judgment may be rendered in favor of the party or parties litigant for costs, and suits maintained for damages, actual, and also punitive, if any, in the name of the state, for the use of the district or parties entitled.

Legislative History

Acts 1919, ch. 193, § 32; Shan. Supp., § 1682a43; Code 1932, § 2857; modified; T.C.A. (orig. ed.), § 54-1342.