6-2-35
Section 6-2-35 Commencement of actions - Five years. The following must be commenced within
five years: (1) Where lands have been sold under a judgment of a court of competent jurisdiction,
all actions founded on an equity of redemption existing in any person not a party to the proceedings
who claims under the mortgagor or grantor in the deed of trust; and (2) Except as otherwise
specifically provided for, all actions by the state or any subdivision thereof for the recovery
of amounts claimed for licenses, other than business licenses defined in Section 11-51-90.1,
municipal or county franchise taxes, or other taxes. (Code 1852, §2478; Code 1867, §2902;
Code 1876, §3227; Code 1886, §2616; Code 1896, §2797; Code 1907, §4836; Code 1923, §8945;
Code 1940, T. 7, §22; Act 2006-586, p. 1548, §2.)...
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6-3-2
Section 6-3-2 Venue of actions - Against individuals. (a) In proceedings of a legal nature
against individuals: (1) All actions for the recovery of land, of the possession thereof,
or for a trespass thereto must be commenced in the county where the land or a material part
thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced
in the county in which the defendant or one of the defendants resides if such defendant has
within the state a permanent residence. (3) All other personal actions, if the defendant or
one of the defendants has within the state a permanent residence, may be commenced in the
county of such residence or in the county in which the act or omission complained of may have
been done or may have occurred. (b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive
subject matter of the action or not, must be commenced in the...
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9-13-23
Section 9-13-23 Jurisdiction of prosecutions under chapter. The district courts of this state
shall have jurisdiction to hear and determine all cases and prosecutions originating under
the provisions of this chapter and shall impose and collect fines not exceeding the amount
of $100.00, except as otherwise provided in this chapter. (Acts 1923, No. 486, p. 638; Code
1923, §4116; Code 1940, T. 8, §209.)...
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11-50-323
Section 11-50-323 Construction of article; jurisdiction, etc., of State Board of Health and
state Public Service Commission. Neither this article nor any provision contained in this
article shall be construed as a restriction or limitation upon any power, right, or remedy
which any corporation organized under Sections 11-50-230 through 11-50-241, as amended, or
organized or the certificate of incorporation of which is amended under the provisions of
this article may have in the absence thereof, but shall be construed as cumulative and independent
of any such power, right, or remedy. No proceedings, notice, or approval shall be required
for the incorporation of such corporation or the amendment of its articles of incorporation,
the acquisition of any property or systems or the making of any loans or the issuance of bonds
or instruments in evidence thereof or as security therefor, except as prescribed in this article,
any other law to the contrary notwithstanding; provided, however, that...
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12-13-1
Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to judgments,
orders, etc., of probate courts. (a) The probate court shall have original and general jurisdiction
as to all matters mentioned in this section and shall have original and general jurisdiction
as to all other matters which may be conferred upon them by statute, unless the statute so
conferring jurisdiction expressly makes the jurisdiction special or limited. (b) The probate
court shall have original and general jurisdiction over the following matters: (1) The probate
of wills. (2) The granting of letters testamentary and of administration and the repeal or
revocation of the same. (3) All controversies in relation to the right of executorship or
of administration. (4) The settlement of accounts of executors and administrators. (5) The
sale and disposition of the real and personal property belonging to and the distribution of
intestate's estates. (6) The appointment and removal of guardians for...
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12-14-19
Section 12-14-19 Procedure for reestablishment of municipal courts and effect thereof. (a)
Any municipality which shall have abolished its municipal court may thereafter by ordinance
reestablish such court in the manner provided in this section. (b) A copy of the proposed
ordinance shall be sent by certified mail to the officers specified in Section 12-14-17 to
receive notice of the abolition of municipal courts, together with notice stating the time
and place of the meeting at which such ordinance shall be considered for adoption, which shall
be not less than 15 days from the date of mailing such notice. (c) Such ordinance upon its
adoption shall specify the effective date of the reestablishment of the municipal court, which
in no event shall be sooner than the following stipulated minimums: (1) In municipalities
with a population of 5,000 or less, the ordinance shall not have an effective date of less
than 90 days subsequent to the date of adoption; (2) In municipalities with a...
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18-3-22
Section 18-3-22 Application to probate court. The right conferred by this article shall be
exercised by application to the probate court of the county in which the lands over which
such right-of-way is desired, or a material portion thereof are situated, and the same proceedings
shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1A
of this title. (Acts 1927, No. 475, p. 520; Code 1940, T. 19, §55.)...
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25-6-1
Section 25-6-1 Liability of master or employer; effect of servant's or employee's knowledge
of defect or negligence causing injury. (a) Except as otherwise provided by law, when a personal
injury is received by a servant or employee in the service or business of the master or employer,
the master or employer is liable to answer in damages to such servant or employee, as if he
were a stranger and not engaged in such service or employment, provided such liability is
enforced in a court of competent jurisdiction, in the cases following: (1) When the injury
is caused by reason of any defect in the condition of the ways, works, machinery or plant
connected with or used in the business of the master or employer. (2) When the injury is caused
by reason of the negligence of any person in the service or employment of the master or employer
who has any superintendence intrusted to him, while in the exercise of such superintendence.
(3) When such injury is caused by reason of the negligence of...
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30-2-57
Section 30-2-57 Rehabilitative or periodic alimony. (a) Upon granting a divorce or legal separation,
the court shall award either rehabilitative or periodic alimony as provided in subsection
(b), if the court expressly finds all of the following: (1) A party lacks a separate estate
or his or her separate estate is insufficient to enable the party to acquire the ability to
preserve, to the extent possible, the economic status quo of the parties as it existed during
the marriage. (2) The other party has the ability to supply those means without undue economic
hardship. (3) The circumstances of the case make it equitable. (b) If a party has met the
requirements of subsection (a), the court shall award alimony in the following priority: (1)
Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall
award rehabilitative alimony to the party for a limited duration, not to exceed five years,
absent extraordinary circumstances, of an amount to enable the...
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43-8-52
Section 43-8-52 Controversy as to advancements - Proceedings and answer upon death of distributee.
In case of the death of any distributee or heir alleged to have received advancements, his
legal representatives or heirs at law shall be required to report or answer in the same manner
as set forth in section 43-8-51; and if they are residents of this state, notice must be given
by citation, and if nonresidents, by publication, as provided for in cases embraced in section
43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons
of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who
shall deny the allegation contained in such application, and demand proof thereof. (Code 1867,
§1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923,
§7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)...
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