6-9-196
Section 6-9-196 Transfer of judgment; right of assignee thereof to have execution; action
or reviver thereon. (a) When the transfer is made by any agent or attorney, the authority
of the agent or the power of attorney shall be in writing duly acknowledged and recorded in
the office of the probate judge and referred to in such transfer by noting the book and page
where recorded. After such transfer, the original plaintiff shall have no further authority
or control over such judgment. (b) If an assignment of a judgment is made or endorsed on the
execution docket or on the margin of the record of the judgment and is attested by the clerk,
register or judge of probate, the assignee may have execution thereon in the name of the plaintiff
for the use of the assignee, whether the plaintiff is living or dead. (c) In all cases where
a transfer of a judgment of a court in this state is made or endorsed on the execution docket
or on the margin of the record of the judgment in the court where...
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35-10-91
Section 35-10-91 Payoff statement; notice. (a) A person liable for payment or performance
of the obligation secured by the real property described in a security instrument who makes
proper notice pursuant to this section shall be entitled to receive a payoff statement.
(b) Proper notice must contain all of the following: (1) The entitled person's name. (2) If
given by a person other than an entitled person, the name of the person giving the notification
and a statement, if required by the secured party evidence, that the person is an authorized
agent of the entitled person. (3) The address to which the creditor must send the statement.
(4) The account number assigned by the secured creditor or other sufficient information to
enable the creditor to identify the secured obligation and the real property encumbered by
the security interest. (5) If the secured obligation is an equity line, a statement that the
entitled person requests the secured creditor to close the equity line upon...
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35-6-43
Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents
as parties. Upon the filing of the application, a day not less than 30 days thereafter must
be appointed for hearing the same; and of the time and place of such hearing, all parties
in interest must have at least 10 days' notice; and when infants or persons of unsound mind
are parties, if they have no general guardians, guardians ad litem must be appointed to represent
them; and if any of the parties in interest are nonresidents, they must be made parties in
the same manner, and to the same extent, as is done when property in the hands of an executor
or administrator is to be divided or distributed. (Code 1867, §3107; Code 1876, §3501; Code
1886, §3240; Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)...

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43-2-531
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit
or restate account. After stating such account, the court must issue a citation to such executor
or administrator to appear on a day therein named and file his accounts and vouchers for settlement
or that the account so stated will be passed, which must be served on him at least 10 days
before the day named therein; and must also give notice of such settlement by publication,
as in case of settlements voluntarily made by executors and administrators; and, if on the
day named such executor or administrator fails to appear and file his accounts and vouchers
for settlement, as required by law, the court must proceed to examine the account so stated
and audit and, if necessary, restate the same. (Code 1852, §§1818, 1819; Code 1867, §§2154,
2155; Code 1876, §§2525, 2526; Code 1886, §2156; Code 1896, §224; Code 1907, §2687; Code
1923, §5920; Code 1940, T. 61, §317.)...
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43-2-551
Section 43-2-551 Making succeeding executor or administrator party to settlement. The
remaining or succeeding executor or administrator of the estate of the decedent, if there
be one, must be made a party to such settlement and, if a resident of this state, must have
personal notice of the time of making the same served on him at least 10 days before the day
appointed therefor. (Code 1867, §2166; Code 1876, §2538; Code 1886, §2174; Code 1896, §242;
Code 1907, §2693; Code 1923, §5926; Code 1940, T. 61, §321.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails
to appear and answer, a conditional judgment must be entered against him for the amount of
the plaintiff's claim, as ascertained by his judgment, to be made absolute unless he appears
within 30 days after notice of the conditional judgment issued by the clerk, to be served
on him, as other process, by the sheriff. If he fails to appear within the time required by
the notice served upon him or if two notices are returned "not found" by the sheriff
of the county in which the garnishment was executed, the judgment must be made absolute. (Code
1852, §2545; Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195;
Code 1907, §4324; Code 1923, §8075; Code 1940, T. 7, §1019.)...
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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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11-51-14
Section 11-51-14 Entry of judgment by circuit court; sale of property for payment of
taxes, etc., generally. If no pleadings setting up a defense shall be filed by the owner of
the property within 30 days after publication has been perfected or within 30 days after service
of the notice by the sheriff, then without further proof a final judgment shall be entered
by the circuit judge adjudging such property liable for such taxes and directing the register
or clerk to sell such property for the payment of the taxes, charges, penalties, interest,
and costs that are charged thereon unless the amount due and the costs shall have been paid
to the register or clerk before the sale. Such sale shall be made as in other civil actions
and need not be confirmed by the court. The judge may consolidate actions against property
assessed to the same owner and may designate the property which shall be sold to pay to the
taxes, charges, interest, penalties and costs charged to all. If any defense is...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal
cases where the defendant has been adjudicated guilty by the trial court he may, if no motion
for a new trial is filed within 10 days after the last day on which a motion for a new trial
could have been filed or within 10 days after the ruling of the trial court upon a motion
for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the
trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of
guardian ad litem. Authority for such removal may be obtained on the application in writing,
verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the
facts which show that the removal will advance the interests of the minor or ward. If application
is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days'
notice of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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