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18-1A-191
Section 18-1A-191 View of the property taken. (a) Upon motion of a party or its own motion,
the circuit court may direct the jury to be placed in charge of an officer of the court and
taken personally to view the property sought to be taken. Upon like motion, if the case is
tried before the circuit court without a jury, the judge presiding at the trial may view the
property. The circuit court may prescribe additional terms and conditions consistent with
this section. (b) During a view of the property by the jury, the judge presiding at the trial
shall be present and supervise the proceedings. The parties, their attorneys, engineers, and
other representatives may be present during a view by the jury or judge. (c) During a view,
only the judge presiding at the trial or person designated by the circuit court may make a
statement to the jury relating to the subject matter of the action, and any such statement
must be transcribed as a part of the record. (d) The physical characteristics of...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced
and pending in district or municipal court. (a) The original jurisdiction of the circuit courts
over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution
for a misdemeanor has been first commenced and is still pending in a district court or a municipal
court, the prosecution in the circuit court shall be abated on plea. (b) The plea provided
for in subsection (a) of this section must state that the prosecution in the district court
or the municipal court was commenced without the agency, request, participation, connivance
or authority of the defendant and must be sworn to. Each and every averment of the plea may
be traversed and denied; and if, on the trial of the issue, it appears that such prosecution
was commenced by the agency, request, participation, connivance or authority of the defendant,
then the jury must be instructed, if it finds either of these...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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43-2-461
Section 43-2-461 Setting aside sale; resale. (a) If, on such examination, the court is satisfied
that the sale was not fairly conducted, or that the amount for which the land, or any portion
of the same, sold was greatly less than its real value, the court may vacate such sale, either
in whole or in part. (b) If it is made to appear to the court previous to the confirmation
of such sale, that the sureties taken on the notes or bonds of the purchasers or the security
given are insufficient, such sale, as to every such purchaser, must not be confirmed until
he gives security for the purchase money to the satisfaction of the court; and if such security
is not given within 10 days the sale must be vacated as to the purchaser thus failing. (c)
When any sale of land is vacated, in whole or in part, according to the provisions of subsections
(a) and (b) of this section, the court must direct another sale to be had, which must be advertised
and conducted in all respects as is provided for the...
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12-16-207
Section 12-16-207 Grand juror not to participate, etc., in deliberations as to offenses committed
against his person or property, etc.; supplying of deficiency in number of grand jurors resulting
therefrom. (a) A grand juror must not be present at or take any part in the deliberations
of his fellow jurors respecting any public offense with which he is charged or which was committed
against his person or property or when he is a prosecutor or when he is connected by blood
or marriage with the person charged. (b) If, by reason of the provisions of subsection (a)
of this section, the number of grand jurors is reduced below 13 in the investigation of any
matter, the court must supply the deficiency from the qualified jurors of the county, and
the persons so placed on the grand jury must serve only during such investigation. (Code 1852,
§§548, 549; Code 1867, §§4098,4099; Code 1876, §§4771, 4772; Code 1886, §§4357, 4358;
Code 1896, §§5043, 5044; Code 1907, §§7304, 7305; Code...
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22-27-62
Section 22-27-62 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Not later than 10
days after the date a lender receives from the insured a request for release of all or part
of the insurance proceeds held by the lender, the lender shall do either of the following:
(1) If the lender has received sufficient evidence of the insured's compliance with the requirements
specified by the lender under Section 27-22-61 for release of the proceeds, the lender shall
release to the insured, as requested, all or part of the proceeds. (2) Provide notice to the
insured that explains specifically both of the following: a. The reason for the lender's refusal
to release the proceeds to the insured. b. Each requirement with which the insured must comply
for the lender to release the proceeds. (Act 2019-460, §3.)...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for
hearing thereon. When any homestead or other exemption has been allotted or set apart by the
appraisers or by commissioners, the personal representative, surviving spouse, minor child
or children, or other person in interest feeling aggrieved may, within 30 days after the making
of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon
the court must fix a day for the hearing of the exceptions, of which 10 days' notice must
be given by personal service, if the adverse parties reside in the state or, if they reside
out of the state, by publication in some newspaper published in the county. If the exceptions
are filed by the surviving spouse and minor child or children, or either, such notice must
be served on the personal representative, but if filed by the personal representative or other
person, the notice must be served on the surviving spouse, if there...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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12-16-199
Section 12-16-199 Administration of oath to witnesses; preparation by foreman and disposition
of book and list of witnesses summoned before and attending grand jury; issuance of certificates
to witnesses by foreman. Witnesses before the grand jury may be sworn by the district attorney
or foreman. A list of all witnesses summoned and in attendance before such jury during each
session shall be kept by the foreman, and he shall give to each of such witnesses a certificate,
stating the number of the case in which such witness attended, the number of days of his actual
attendance, the number of miles traveled by him and the amount due him, and each of such items
the foreman shall enter in a book kept for that purpose, and such book and list, certified
by the foreman to be correct, must be by him returned into the court and by the clerk filed
and kept as a part of the records of such court. (Code 1852, §550; Code 1867, §4100; Code
1876, §4773; Code 1886, §4349; Code 1896, §5035; Code...
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