15-2-25
Section 15-2-25 Duty of clerk of court to forward case materials. When an order for the removal
of a trial is made, the clerk of court must make out a transcript of all the entries, orders
and proceedings in the case, including the organization of the grand jury, the indictment,
the endorsements thereon, all the entries relating thereto, the undertakings or recognizances
of the defendant, all the orders and judgments thereon and the order for the removal of the
trial. He must attach his certificate thereto and forward the package under seal by a special
messenger, by express, by registered or certified mail or deliver it in person to the clerk
of the court to which the trial is ordered to be removed. He must also enclose in the package
and forward or deliver in the same manner the original subpoenas in the case. (Code 1852,
§657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907,
§7854; Code 1923, §5583; Code 1940, T. 15, §271.)...
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43-2-190
Section 43-2-190 Applications for letters testamentary or of administration. The application
filed by a nonresident for letters testamentary or of administration must set forth his name
and post-office address; but the address so given may, at any time, be changed by such nonresident
executor or administrator, such change to be shown by a written statement setting forth his
present post-office address, signed by such executor or administrator, or his attorney and
filed and recorded in the court granting the letters. (Code 1896, §83; Code 1907, §2559;
Code 1923, §5782; Code 1940, T. 61, §144.)...
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43-2-48
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters
to a special administrator or to any general administrator, sheriff or coroner, granted by
any court having jurisdiction, are conclusive evidence of the authority of the person to whom
the same are granted, from the date thereof until the same are revoked; and, when granted,
such letters exclude the probate court of every other county from the jurisdiction thereof
and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867,
§2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923,
§5752; Code 1940, T. 61, §87.)...
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43-2-192
Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters
testamentary; bond and surety. When the will has been probated in another state or territory,
before issuing letters testamentary thereon to a nonresident executor, the judge of probate
must require him to file in court a copy of the will under which he is appointed, together
with a certificate of the judge of the court in which the will was probated, that such will
was regularly proved and established and that letters testamentary were issued to him thereon,
in accordance with the laws of the state or territory in which such original letters were
granted, and also to give bond and surety upon the same terms, conditions and requirements
as are required by law of citizens of this state. But if it shall appear from the will that
the testator, by an express provision therein, has exempted the applicant from giving bond
as executor, such bond must not be required, except in the cases specified in...
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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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26-8-20
Section 26-8-20 Authorization generally. The court of probate or circuit court from which letters
of guardianship or conservatorship have issued has authority to order the removal to another
county of the person and property of a minor or ward if it is shown that such removal will
advance the interests of the minor or ward. (Code 1842, §2035; Code 1867, §2445; Code 1876,
§2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231; Code 1940,
T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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36-11-14
Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct of trial
generally; right to jury trial. When the information is filed in the circuit court, if the
summons is served 20 days before the day specified in the order, such case shall stand for
trial on that day; and, if the summons is served less than 20 days before the day specified
in the order, then the court shall on the day specified in the order make an order setting
another day on which the defendant shall answer the information and the case stand for trial.
The case shall have precedence and priority over all other business in such court and, shall
be proceeded with in all respects as civil actions are conducted, with the right to either
party to except to the rulings of the court and to reserve such exceptions as in civil actions.
The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands
the same. (Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code...
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12-11-11
Section 12-11-11 Transfer of cases - Transfer to another court in same county. Whenever it
shall appear to the court that any case filed therein should have been brought in another
court in the same county, the court shall make an order transferring the case to the proper
court, and the clerk or register shall forthwith certify the pleadings, process, costs and
order to the court to which the case is transferred, and the case shall be docketed and proceed
in the court to which it is transferred, and the costs accrued in the court in which the case
was originally filed shall abide by the result of the case in the court to which transferred.
(Acts 1915, No. 725, p. 830; Code 1923, §6493; Code 1940, T. 13, §156.)...
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12-22-10
Section 12-22-10 Grant or refusal of motion for new trial. Either party in a civil case, or
the defendant in a criminal case, may appeal to the appropriate appellate court from an order
granting or refusing a motion for a new trial by the circuit court. (Code 1896, §434; Code
1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts
1949, No. 57, p. 81.)...
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12-22-20
Section 12-22-20 Final judgments, orders, or decrees generally. An appeal lies to the circuit
court or Supreme Court from any final decree of the probate court, or from any final judgment,
order or decree of the probate judge; and, in all cases where it may of right be done, the
appellate court shall render such decree, order or judgment as the probate court ought to
have rendered. (Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457;
Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)...
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