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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property
recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily entered
against any attorney-at-law in this state who fails to pay over money collected by him or
deliver personal property recovered by him in that capacity, whether by an action or otherwise,
on demand made by the person entitled thereto, his agent or attorney for the amount collected
or the value of the property recovered, less the amount due the attorney for fees or compensation
for services, interest thereon, and damages at the rate of five percent a month, after such
demand, on the aggregate amount, in the circuit court of the county in which such attorney
resides or, if he has no known place of residence in this state, in the circuit court of any
county, on three days' personal notice; but such attorney may, if a doubt exists as to the
right of the person making the demand or if there is a dispute as to...
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17-16-50
Section 17-16-50 Contest of senator or representative in Legislature - Filing. If the contest
is of the election of a senator or representative in the Legislature, the elector contesting
must file in the office of the clerk of the circuit court of any county of the senatorial
district, if such contest is of the election of a senator, or in the office of the clerk of
the circuit court of the county in which the election was held, if the contest is of the election
of a representative in the Legislature, a statement in writing of the grounds of contest,
as provided in this article, and must give good and sufficient security for the costs of such
contest, to be taken and approved by the clerk. The person whose election is contested must
have 10 days' notice of the statement in writing before the taking of testimony. Notice shall
be served by service of a certified copy of such statement by the sheriff or a constable of
the county, and such sheriff or constable must endorse on the original...
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18-1A-214
Section 18-1A-214 Payment of judgment by plaintiff; deduction of taxes from award. (a) Within
the time prescribed by Section 18-1A-290, the plaintiff shall pay the full amount required
by the judgment after crediting all amounts withdrawn by the defendant from funds on deposit.
The court for good cause may extend the time within which payment must be made for an additional
period not exceeding 30 additional days. (b) Payment may be made by the plaintiff by paying
money personally to the defendant, or to the legal representative of the defendant, taking
a receipt therefor and filing a copy with the court; or by depositing the amount of the award
with the probate court for the defendant. By making a deposit under this section the plaintiff
does not waive its right to review. (c) Within 30 days after a deposit of the award under
subsection (b), the court shall give written notice by first class mail to each defendant
whose address is known and for whom a disclaimer is not on file and who...
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7-8-107
Section 7-8-107 Whether indorsement, instruction, or entitlement order is effective. (a) "Appropriate
person" means: (1) with respect to an indorsement, the person specified by a security
certificate or by an effective special indorsement to be entitled to the security; (2) with
respect to an instruction, the registered owner of an uncertificated security; (3) with respect
to an entitlement order, the entitlement holder; (4) if the person designated in paragraph
(1), (2), or (3) is deceased, the designated person's successor taking under other law or
the designated person's personal representative acting for the estate of the decedent; or
(5) if the person designated in paragraph (1), (2), or (3) lacks capacity, the designated
person's guardian, conservator, or other similar representative who has power under other
law to transfer the security or financial asset. (b) An indorsement, instruction, or entitlement
order is effective if: (1) it is made by the appropriate person; (2) it is...
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43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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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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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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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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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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