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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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19-3-35
Section 19-3-35 Duty of trustee to render account. Within three months after the expiration
of the time allowed for the filing of objections to claims, the trustee must render, under
oath, to the register or clerk an account charging himself with all the moneys of the trust
estate which have come into his possession, or with which he is chargeable, and crediting
himself with all sums to which he is entitled as credits, and must file therewith the vouchers
on which he relies to sustain such credits. A similar account must be filed every six months
thereafter. (Code 1896, §4167; Code 1907, §6069; Code 1923, §10406; Code 1940, T. 58, §23.)...
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6-9-92
Section 6-9-92 Sale of levied property - Notice to plaintiff of money made. When the money,
or any part thereof, has been made on an execution, the officer must give the plaintiff, his
agent or attorney personal notice thereof within 10 days thereafter, if resident in the county;
if not resident in the county and he knows the residence of them, or either of them, such
notice may be sent by mail through the postal service. (Code 1852, §2451; Code 1867, §2865;
Code 1876, §3202; Code 1886, §2912; Code 1896, §1910; Code 1907, §4117; Code 1923, §7832;
Code 1940, T. 7, §544.)...
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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
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26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
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12-17-185
Section 12-17-185 Duty to attend court. (a) It is the duty of every district attorney to attend
each session of the court for which he is district attorney and to remain in the discharge
of his duties until the business of the state is disposed of. Any district attorney, other
than those mentioned in subsection (b) of this section, failing to so attend or absenting
himself before the business of the state is disposed of, forfeits to the state the sum of
$100.00, for which a conditional judgment must be entered, to be made absolute on notice to
such district attorney unless a good excuse is rendered. (b) If any district attorney who
is paid a salary by the state fails or neglects to attend any session of the court for which
he is district attorney or, after attending, absents himself before the business of the state
is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent
or fails to attend, to be deducted by the Comptroller from his salary. The absence...
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6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before
the levy of process, to file for record a declaration claiming the same; but the defendant,
in person or by his or her agent or attorney, may, at any time after the levy and prior to
a sale, file with the officer making the levy a claim in writing, verified by oath, to such
property, or any part thereof, as exempt and, if of a part, describing the same; and, within
three days thereafter, such officer must give to the plaintiff or his or her agent or attorney
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If...
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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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10A-2-14.34
Section 10A-2-14.34 Election to purchase in lieu of dissolution. REPEALED IN THE 2019 REGULAR
SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) In a proceeding under Section 10A-2-14.30(2) to dissolve a corporation that has no shares
listed on a national securities exchange or regularly traded in a market maintained by one
or more members of a national or affiliated securities association, the corporation may elect
or, if it fails to elect, one or more shareholders may elect to purchase all shares owned
by the petitioning shareholder at the fair value of the shares. An election pursuant to this
section shall be irrevocable unless the court determines that it is equitable to set aside
or modify the election. (b) An election to purchase pursuant to this section may be filed
with the court at any time within 90 days after the filing of the petition under Section 10A-2-14.30(2)
or at a later time as the court in its discretion may allow. If...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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