6-6-621
Section 6-6-621 Appointment - Appeal when appointed by register or clerk. When an order appointing
a receiver is made by the register or clerk, it shall be subject to appeal to the circuit
judge, which may be heard at any time. Such order must be suspended whenever the appellant
enters into bond with sufficient sureties, to be approved by the register or clerk, in such
sum as he shall prescribe, payable to the appellee and conditioned to pay the appellee all
such costs and damages as he may sustain in case the appeal is not prosecuted to effect. (Code
1867, §§730, 731; Code 1876, §§639, 640; Code 1886, §3535; Code 1896, §800; Code 1907,
§5727; Code 1923, §10114; Code 1940, T. 7, §1157.)...
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6-6-723
Section 6-6-723 Judgment for failure to pay over moneys collected or received for county. If
any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay
to the county treasurer or other custodian of county funds, within the time prescribed by
law or, in case no time is fixed by law, on the demand of such treasurer or other custodian
of county funds, any money he has collected or received for the county, judgment may be recovered
against such person or such officer and his sureties, or any or either of them, on 10 days'
notice, on motion of such treasurer or other custodian of county funds, in the circuit court
in the name of the county, for the amount so collected or received, with interest from the
time fixed for the payment or from the demand when no time is fixed and 10 percent damages
and costs. (Code 1852, §785; Code 1867, §920; Code 1876, §3396; Code 1886, §3135; Code
1896, §3803; Code 1907, §5939; Code 1923, §10266; Code 1940, T. 7,...
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11-14-12
Section 11-14-12 Location of courts and offices when courthouse damaged, destroyed, or undergoing
repair. When the courthouse of any county is damaged or destroyed or is undergoing repair
so as to interfere with the sittings of the courts or the occupancy of offices therein, such
courts may sit and such offices may be kept at such other place in the city, town, or village
where such courts and offices are required by law to be held and kept as may be provided by
the county commission, or, in case of an emergency, such place as may be provided by the judge
of probate, sheriff, and clerk of the circuit court. (Code 1896, §1406; Code 1907, §135;
Code 1923, §214; Code 1940, T. 12, §187.)...
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12-16-86
Section 12-16-86 Performance of act with intent to affect fair drawing of jury by probate judge,
jury commissioner, county commissioner, etc. Any person who does an act calculated to affect
the fair drawing of a jury and with intent to affect the same shall, on conviction, be fined
not less than $200.00 nor more than $1,000.00 and may also be imprisoned in the county jail
for not more than six months, and if such person is a probate judge, sheriff or clerk of the
circuit court or jury commissioner or a member of a county commission, his office shall be
thereby vacated and shall be filled as in other cases of vacancy, on such conviction's being
certified to the appointing power by the presiding judge or the clerk of the court in which
it is had. (Code 1852, §543; Code 1867, §4093; Code 1876, §4766; Code 1886, §3923; Code
1896, §5100; Code 1907, §7480; Code 1923, §5072; Code 1940, T. 30, §51.)...
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12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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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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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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