6-6-601
Section 6-6-601 Costs - Assessment. If an action under this article is maintained by the state
alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid
as in other state cases, but if any person is joined with the state as informant, judgment
must be entered against him for the costs if entered for the defendant. (Code 1852, §2667;
Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467;
Code 1923, §9946; Code 1940, T. 7, §1150.)...
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36-11-8
Section 36-11-8 Verification of information when filed by taxpayers; costs generally. When
the proceedings in impeachment are instituted by taxpayers, the information must be verified
by the plaintiffs or any one of them. The costs shall be given against the unsuccessful party,
as in other cases, to be collected by execution. (Code 1876, §4058; Code 1886, §4831; Code
1896, §4877; Code 1907, §7115; Code 1923, §4510; Code 1940, T. 41, §191.)...
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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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6-6-393
Section 6-6-393 Issuance and service of process. Upon the filing of the affidavit or the affidavit
and bond, as the case may be, the officer filing the same must issue process of garnishment
and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee
to appear within 30 days and file an answer, upon oath, whether, at the time of the service
of the garnishment, at the time of making his answer or at any time intervening between the
time of serving the garnishment and making the answer he was indebted to the defendant and
whether he will not be indebted in future to him by a contract then existing, whether by a
contract then existing he is liable to him for the delivery of personal property or for the
payment of money which may be discharged by the delivery of personal property or which is
payable in personal property and whether he has not in his possession or under his control
money or effects belonging to the defendant. (Code 1852, §2517; Code...
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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand permissively
counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being
found by the jury or court trying the same, judgment must be entered against the plaintiff
for costs and in favor of the defendant for such excess, and where there is more than one
defendant and the debt or demand permissively counterclaimed belongs to only one defendant,
then judgment for such excess must be entered in favor of such defendant for such excess.
(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729;
Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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12-19-134
Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses
to prove any one matter. (a) Upon the final disposition of any civil case, the amount proved
by the witnesses, as provided in this article, must be taxed in the bill of costs against
the rightful party, setting forth the name of each witness and the amount allowed him, which
must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing
the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon,
is produced to the sheriff. (b) Not more than two witnesses shall be taxed in any bill of
costs who were called to prove any one matter of fact or, having been subpoenaed, were not
examined unless the court, upon a motion to retax the costs, should, in its discretion, consider
that the circumstances of the case warranted the examining or summoning of more than two witnesses
for the proof of a particular fact or unless such witnesses...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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12-19-193
Section 12-19-193 Fees for inquest; fees, etc., for postmortem examinations; payment of fees
to coroners for services rendered in discharging duties of sheriff. (a) Fees for holding inquest
shall be paid out of the county treasury, when the inquest has been held under the order of
a judge of a court of record or district attorney, and such fees must be also certified by
the coroner to the clerk of the circuit court of the county and must be taxed as costs against
any person who is convicted for killing the person on whose body the inquest was held and
be collected like other costs in criminal cases and, when collected in cases in which the
county has paid the same, shall be paid to the county treasurer for the use of the county
and, in other cases, to the coroner. (b) No fees shall be paid for an inquest when it is publicly
known before the jury is summoned who caused the death of the deceased or when the slayer
has been arrested for the homicide; but, in such case, if the immediate...
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