12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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15-5-14
Section 15-5-14 Disposition of taken property by court if property stolen or embezzled. When
the property is taken under a search warrant, it shall be delivered to the court issuing the
warrant. If the property was stolen or embezzled, the court shall cause it to be delivered
to the owner, on satisfactory proof of his title and the payment by him of all fees. If the
warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2,
the officer effecting the warrant must retain the property in his possession, subject to the
order of the court to which he is required to return the proceedings or of the court in which
the offense is triable in respect to which the property was taken. (Code 1852, §839; Code
1867, §4390; Code 1876, §4019; Code 1886, §4740; Code 1896, §5497; Code 1907, §7770;
Code 1923, §5484; Code 1940, T. 15, §113.)...
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35-6-54
Section 35-6-54 Costs and expenses. The probate court must ascertain the costs and expenses
attending the division, and make a record thereof, stating distinctly each item of such costs
and expenses; and if the same are not paid within 30 days after the allotment, an execution
may be issued against each of the persons to whom the land was allotted, for his aliquot portion
thereof, which must be directed to the sheriff, to be levied as other executions, and may
be levied on the land so allotted to him. (Code 1852, §2689; Code 1867, §3117; Code 1876,
§3511; Code 1886, §3250; Code 1896, §3175; Code 1907, §5218; Code 1923, §9318; Code 1940,
T. 47, §207.)...
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36-11-17
Section 36-11-17 Duties, liabilities and fees of sheriffs, etc., for service of process, etc.;
compensation of examiners; payment of fees, costs, etc. The sheriff, coroner or constable
to whom process is issued under the provisions of this chapter shall perform all the duties
as sheriffs are required to perform them, shall be liable to all the penalties to which sheriffs
in similar cases are liable and shall be entitled to the same fees as sheriffs are entitled
to for similar services. The examiners shall be entitled to such compensation as the Supreme
Court may determine as fair equivalent for the services performed. All such fees and compensation
shall be taxed in the bill of costs, but no costs shall be adjudged against the state nor
against the successful plaintiffs on a return of "no property found" against the
defendant, but may be paid out of the Treasury in all cases when the Governor thinks it right
to pay the same. (Code 1876, §4059; Code 1886, §4832; Code 1896, §4878;...
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36-11-21
Section 36-11-21 Fees and compensation of witnesses generally; statement to be filed by examiner
as to fees and compensation to which witnesses entitled; payment of fees and compensation
of state witnesses before Supreme Court when proceedings instituted on information of Attorney
General. Witnesses in impeachment cases are entitled to the same fees and compensation as
witnesses in civil cases in the circuit court, to be certified in the same manner and taxed
and collected as costs. The examiner must file with his return a statement showing the names
of witnesses examined by each party and the fees and compensation to which they are entitled.
When the proceeding is upon the information of the Attorney General, the fees of witnesses
on the part of the state attending before the Supreme Court must be paid out of the treasury
on warrant of the Comptroller, drawn upon the certificate of the clerk showing the fees and
compensation to which the witness is entitled and the approval of the...
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8-5-26
Section 8-5-26 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - Time for bringing action against maker; issuance of execution
when judgment obtained; proof of inability of maker to pay judgment. (a) On all contracts
assigned by writing which are not governed by the Uniform Commercial Code, an action to charge
the endorser or assignor must be brought against the maker within 30 days after an action
can properly be brought. (b) If judgment is obtained, execution must be issued as authorized
by law, and the inability of the maker to pay such judgment proved by the return of "no
property." (Code 1852, §§1543, 1544; Code 1867, §§1851, 1852; Code 1876, §§2112,
2113; Code 1886, §1778; Code 1896, §892; Code 1907, §5153; Code 1923, §9226; Code 1940,
T. 39, §195; Acts 1965, No. 549, p. 811.)...
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17-16-60
Section 17-16-60 Contest not abated by death of contestant. In all contests of elections, such
contests are not abated by the death of the party commencing them before final judgment, if
any qualified elector appears in court and substitutes as a contestant and gives good and
sufficient security for the costs which have accrued or may accrue on the contest. But if
no qualified elector appears and proposes to substitute as the party contesting, the contest
abates on the death of the contesting party, and judgment must be rendered against the sureties
for the costs of the contest, which must be collected by execution in the name of the party
whose election was contested. In all cases the person whose election is contested, if the
successful party in such contest, is entitled to judgment for the cost thereof against the
party contesting and the sureties, for which execution may issue returnable to the court of
probate or to the circuit court, as the case may be. (Code 1896, §1701; Code...
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43-8-196
Section 43-8-196 Costs. The costs of any contest under the provisions of this article must
be paid by the party contesting if he fails; otherwise, it must be paid by the plaintiff or
out of the estate, or in such proportion by the plaintiff or out of the estate as the court
may direct; and for the costs directed to be paid by the plaintiff or defendant, execution
may be issued as in other cases; and the costs directed to be paid out of the estate may be
collected as other claims against an estate are collected. (Code 1852, §§1649, 1650, 1653;
Code 1867, §§1967, 1968, 1971; Code 1876, §§2331, 2332, 2335; Code 1886, §1996; Code
1896, §4294; Code 1907, §6203; Code 1923, §10632; Code 1940, T. 61, §59; Code 1975, §43-1-76.)...

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