12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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12-21-38
Section 12-21-38 Copies of proceedings and judgments of foreign courts not of record. Copies
of the proceedings and judgments of any court not of record of any state or territory in the
United States or of the District of Columbia, certified by the judge or judges, under his
or their hands and seals, before whom the proceedings were had or judgments rendered or their
successors in office, or other judges having legal custody thereof, that the same are true
and complete copies of the proceedings or judgments, with the certificate of the clerk or
prothonotary of any court of record of the county or district where said judge or judges shall
hold his or their office or offices, certifying, under the seal of said court, that the judge
or judges were, at the time when the proceedings were had or judgments rendered and when the
copy was taken, duly commissioned and qualified to act as such, shall be admissible as evidence
in any of the courts of this state. (Code 1923, §7708; Code 1940, T....
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15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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35-8B-2
Section 35-8B-2 Establishment of district. The exclusive and uniform method for the establishment
of a community development district shall be by the filing of the articles of establishment
of a community development district with the judge of probate of the county in which the district
is to be located, or if located in more than one county, of the county wherein is located
the largest area of the community development district. (1) The articles of establishment
of a district defined in subsection (a) of Section 35-8B-1 shall contain the following: a.
The written consent to the establishment of the district by the owner or owners of at least
51 percent of the real property to be included in the district, or documentation demonstrating
that the petitioner has control by deed, trust agreement, contract, or option of at least
51 percent of the real property to be included in the district. b. A metes and bounds description
of the external boundaries of the district, with a specific metes...
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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt
for violation of restraining order. (a) Where such application for a preliminary injunction
has been made, the court or judge thereof may, on the application of the plaintiff, issue
an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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11-42-67
Section 11-42-67 Appeals from judgment of probate judge - Issuance and service of notice of
appeal. The judge of probate, within 10 days after an appeal is taken, shall issue notice
to the opposite party of the appeal, and place such notice in the hands of the sheriff of
the county, and the sheriff shall serve such notice upon the party to whom the same is issued
and make returns thereof to the said judge of probate, but if the city takes the appeal, such
notice issued to the property holder may be served upon the property holder or his agent or
attorney, and if the property holder, his agent or attorney cannot be found by the sheriff,
upon any person over the age of 19 years residing on or having custody of the property of
such property owner. (Code 1907, §1100; Code 1923, §1794; Code 1940, T. 37, §163.)...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
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