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6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is
an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff
must prove defendant's possession of the premises, or some part thereof, at the commencement
of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708;
Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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15-11-4
Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district
court's certificate as presumptive evidence of default. If the defendant does not appear before
the district court at the time to which an examination is adjourned, the default on the undertaking
of bail shall be certified by the district court to the circuit court, and the like proceedings
must be had thereon as upon the breach of an undertaking in that court, the certificate being
presumptive evidence of the default of the defendant. (Code 1852, §455; Code 1867, §4004;
Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228;
Code 1940, T. 15, §130.)...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of
all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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15-13-64
Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail
allowed. To exonerate the bail, the surrender of the defendant must be made to the sheriff
of the county in which the court is held, to which the defendant is bound to appear or to
which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may
discharge him on his giving new bail; otherwise, he must keep him in jail until discharged
by law. (Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896,
§4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199,
p. 230.)...
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43-8-193
Section 43-8-193 Proceedings against defaulting witness. If any witness, being duly summoned,
fails to attend, the judge of probate shall enter up a conditional fine against him, not exceeding
$50.00, and shall thereupon issue a notice to such witness to appear at a term of said court,
not more than 30 days from the date of such notice and show cause why such fine should not
be made absolute. The proceedings thereafter shall be governed by the same rules, and such
witness shall be subject to the same liabilities, except as to the amount of the fine, as
are provided by law in cases of defaulting witnesses in the circuit court. (Code 1852, §1642;
Code 1867, §1961; Code 1876, §2325; Code 1886, §1993; Code 1896, §4291; Code 1907, §6200;
Code 1923, §10629; Code 1940, T. 61, §56; Code 1975, §43-1-73.)...
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6-6-684
Section 6-6-684 Entry of judgment in favor of sheriff or coroner. (a) Judgment must, in like
manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of
the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer
for levying an execution or attachment or for making sale of property so levied on or attached
after judgment against him for making such levy or sale, for the amount entered against such
officer, with interest from the date of judgment against him. (2) Against the deputy of the
sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered
against the sheriff or coroner for the default of such deputy, with interest from date of
judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of
the sheriff, on three days' notice, against the judge of probate, for the amount of any fees
received by him for such sheriff for the service of citations, notices, or...
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15-17-2
Section 15-17-2 When jury cannot agree upon verdict as to all jointly tried defendants. When
several persons are indicted and tried jointly, if the jury cannot agree upon a verdict as
to all, they may render a verdict as to those in regard to whom they agree, on which a judgment
must be entered accordingly, and the case as to the other defendants may be tried by another
jury. (Code 1852, §652; Code 1867, §4204; Code 1876, §4909; Code 1886, §4483; Code 1896,
§5307; Code 1907, §7316; Code 1923, §8698; Code 1940, T. 15, §324.)...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
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11-11B-1
Section 11-11B-1 Definitions. As used in this chapter, the following words and terms shall
have the following respective meanings: (1) CONDITIONS OF A GRANT. The terms and conditions
upon which a grant is made by a donor. (2) COUNTY. Any county of the state. (3) DONOR. The
United States of America, or the state, or any county in the state or any municipality or
any department, division, board, bureau, institution or agency of any of the foregoing, or
any person, firm or corporation, institution, foundation or other agency or any combination
of any two or more such donors. (4) GOVERNING BODY. The county commission, board of directors
or other group or body which governs, controls or makes decisions for a grantee. (5) GRANT.
Any gift, grant, appropriation, donation, or advance by any donor, whether absolute or conditional,
for any purpose. (6) GRANTEE. Any county, or any department, board, bureau, commission or
agency of any county, whether incorporated or not, acting on behalf of the...
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