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35-6-116
Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge. If the crops are
ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding
him to sell such crops for division, at a place to be designated in the decree and writ; and
thereupon the sheriff must proceed to advertise and sell such crops at the place designated,
in the same manner as he is required to advertise and sell personal property under
execution issuing from the circuit court; and after making the sale, he shall forthwith make
due return, and pay over the proceeds thereof to the judge of probate, who shall distribute
the same among the parties according to their respective interests. If a forthcoming bond
has not been executed under section 35-6-114 and the sheriff is not in possession of the crops,
he shall seize the same for the purpose of making a sale thereof, if in the hands of any of
the parties to the proceedings. (Code 1876, §3526; Code 1886, §3270;...
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40-1-15
Section 40-1-15 Execution sufficient warrant for levy. Whenever any execution is issued by
the Department of Revenue for the collection of any taxes assessed by it, such execution duly
attested by the secretary of commission shall be sufficient warrant to the officer to whom
directed to levy on the property of the person against whom directed, and the sheriff or other
officer shall forthwith execute such writ without demanding or requiring any indemnifying
bond or other protective obligation, but the writ issued by the Department of Revenue under
authority of law for the collection of taxes due the state shall be sufficient defense to
any action for damages on any ground other than the willful, wanton, or malicious conduct
of the officer making the levy. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §894.)...
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be
closed or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful
court costs as the court upon final hearing may enter against the respondent, except as provided
below. (b) The surety bond required to be made in this section shall remain in full force
and effect as security for any judgment and court costs the court may enter and tax against
the respondent, but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance
of the appeal, the surety bond provided by this section shall become null and void. (c) The
respondent shall not, however, be required to post the surety bond required in...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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35-11-111
Section 35-11-111 Right to enforce lien by attachment. Any person entitled thereto may enforce
such lien in any court of competent jurisdiction, by attachment issued by any officer authorized
to issue such writs, upon executing bond as in other cases of attachment, and upon making
affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant,
and describing the property on which the lien is claimed and setting forth all the facts necessary
to the creation of the lien under Section 35-11-110, and the amount due, and that one of the
following causes of attachment exists: (1) That the person for whom such vehicle, implement,
machine, or article was made or repaired, or to whom sold, is the owner thereof, and that
the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some
part of either, is due and unpaid. (2) That the person for whom such vehicle, implement, machine,
or article was made or repaired, or to whom sold,...
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37-16-7
written document creating the electric easement or no express terms in the document, the electric
provider shall provide notice to the owner of the real property subject to the electric easement
by informing such owner of the installation of the broadband system within the electric easement
prior to installation. Notice shall be sufficient if mailed to the name and address of the
owner or owners listed in the real property ad valorem tax records for the county where the
real property is located. Nothing in this section shall require the notice from the electric
provider when the electric easement is acquired by condemnation or pursuant to an expansion
of the electric easement by civil action commenced by the owner. (h) Nothing in this chapter
shall be deemed to relieve the broadband operator, broadband service provider, or electric
provider from liability for bodily injury or physical damage to real or personal
property located adjacent to the electric easement. (Act 2019-326, §1.)...
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37-2-60
Section 37-2-60 Measure of damages for loss, injury, or delay in delivery, etc. In all
cases of loss, destruction, injury to, delay in delivering or failure to deliver property,
chattels or goods of any character to the person entitled thereto by a transportation company,
having received the same for shipment in accordance with the contract of shipment, such transportation
company shall be liable to the person having the title to such property, chattels, or goods,
when lost or destroyed, for the market value of such chattels, property, or goods at the place
of destination, at the time and in the condition they should have been delivered, with interest
from the time they should have been delivered; and where injured, for the damages caused thereto,
less the amount of freight charges due for their transportation, with interest from the time
they should have been delivered uninjured; and in case of delay beyond a reasonable time,
the difference in the value of the goods when they should...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and
contents used in conducting the nuisance not already released under authority of the court
as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the
sale of such thereof as belonged to the defendants notified or appearing in the manner provided
for the sale of chattels under execution. (b) Such order shall also require the renewal for
one year of any bond furnished by the owner of the real property as provided in Section 6-5-148
or, if not so furnished, shall continue for one year any closing order issued at the time
of granting the preliminary injunction or, if no such closing order was then...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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