17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony
in the case of a contest provided for in Section 17-16-50 must be taken by deposition under
commission issued by the clerk of the court where the statement of contest is filed, which
commission must issue upon the party applying for the same making and filing an affidavit
stating the name of the witnesses, the place of residence of such witnesses, and that the
testimony sought and expected is material. The depositions must be taken on interrogatories
filed in the office of the clerk after making and filing the affidavit and of the interrogatories
and affidavit and the names and residence of the commissioner or commissioners proposed to
be appointed, 10 days' notice must be given the adverse party by service on him or her personally
or by leaving at his or her usual place of residence or business a copy of the interrogatories
and affidavit, to which must be appended notice of the name and...
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43-2-199
Section 43-2-199 Service of process - Citations or notices, etc.; return of process. Citations
to make settlements and other citations or notices to such nonresident executors and administrators,
and all writs or legal process, including executions on decrees and judgments, may be served
by depositing a copy in a sealed envelope, postage prepaid, in a post office at or near the
court or office issuing such process, such envelope to be plainly addressed and directed to
such nonresident executor or administrator at the place and by the name furnished by him upon
the filing of his application for letters, or thereafter as provided in section 43-2-190 and,
when the sureties, or either of them, reside in the state, and their place of residence is
known, by the service of a copy of such writ or process upon one of such sureties. When service
is had by depositing a copy of the writ or process in the post office only and not accompanied
by service upon a surety, such service shall not take...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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28-4-261
Section 28-4-261 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Limitation period for execution and return of warrant. The warrant must be executed and
returned to the judge of the district court by whom it was issued within 10 days from the
date of issuance. After that time, if it has not been executed, it is void. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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