6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff;
sale of property and application of proceeds. When the claim interposed is based on a mortgage
or lien, the claimant must state in his affidavit the nature of the right which he claims;
and, in case such claim is sustained on the trial, the amount of it, whether then due or not,
with interest to the date of the trial, must be ascertained by the jury or judge, as the case
may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee
or his assignee or to the lien holder the amount ascertained to be due; and in such case the
property shall be sold as well for the payment of the debt secured by the mortgage or the
lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of
the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount
so paid by him to such mortgagee or lien holder, and the claim...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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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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6-6-680
return, for the amount of the execution, interest, and 10 percent damages thereon; (5) For
failing to notify the plaintiff, his agent, or attorney of the collection of money by execution,
for five percent per month on the amount collected from the time when the notice should have
been given, not to exceed $25 per month; (6) For failing to endorse on an execution the true
date of its delivery to him, for 10 percent on the amount of the execution, and the officer
is also responsible for any injury or loss which may arise from such omission; and
(7) For failure to execute a summons, attachment, or other mesne process, which by due diligence
could have been executed, for a sum not less than $50, nor more than $500, to be ascertained
by a jury. This remedy shall not preclude the party injured from a resort to other legal modes
of redress. (Code 1852, §§2601-2607; Code 1867, §§3031-3037; Code 1876, §§3356-3362;
Code 1886, §§3100-3106; Code 1896, §§3768-3774; Code 1907,...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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6-10-33
Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found excessive.
When, on a contest of a claim of exemption to personal property, the issue is whether
or not the claim is excessive and such issue is found in favor of the plaintiff, it must also
be ascertained by the finding of the court or the verdict of the jury, as the case may be,
how much and what portion of the property is exempt, describing the same with its value, approximating
in value as nearly as practicable $3,000, and the residue of the property shall be sold, and
out of the proceeds of sale there shall be paid to the defendant an amount which, when added
to the value of the property found to be exempt, will make the exemption equal to $3,000,
and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904;
Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)...
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25-5-91
Section 25-5-91 Forwarding of copy of judgment, etc., to probate court; creation of judgment
lien. Whenever any decision or order is made and filed by the court upon any matter arising
under this article, the clerk of the court shall forthwith make and forward to the judge of
probate of the county in which the complaint was filed a certified copy of such decision or
order with any memorandum of the judge and of any judgment entered. No fee or other charge
shall be collected therefor. The plaintiff or owner of any judgment so certified may have
the same registered by the probate judge upon the payment of the fee fixed by law for registering
judgments, and the same shall become a lien in like manner as other registered judgments,
unless the same is made a preferred lien by other provisions of some law. (Acts 1919, No.
245, p. 206; Code 1923, §7580; Code 1940, T. 26, §306.)...
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6-6-79
Section 6-6-79 Proceedings against sheriff and sureties for money received in sale of perishables.
The sheriff and his sureties, or either of them, may be proceeded against by motion, on one
day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails
in the action for any money received for the sale of perishable property and judgment entered
against him, or them, for the amount and five percent a month from the time of the demand.
(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553;
Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)...
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11-48-47
Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution
and order of sale upon entry of final judgment in favor of municipality. In the event the
final judgment is entered in favor of the city or town, execution may be issued thereon against
the principal and sureties on the appeal bond, unless the amount of the judgment is paid within
30 days from the date of such judgment, and the court shall, by further order, require that
the property assessed be sold to satisfy such judgment. Nothing contained in this article
shall operate to release or discharge the lien on such property unless the assessment is fully
paid. (Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37,
§556.)...
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6-10-7
Section 6-10-7 Wages, salaries, or other compensation of laborers or employees for personal
services. (a) The wages, salaries, or other compensation of laborers or employees, residents
of this state, for personal services, shall be exempt from levy under writs of garnishment
or other process for the collection of debts contracted or judgments entered in tort in an
amount equal to 75 percent of such wages, salaries, or other compensation due or to become
due to such laborers or employees, and the levy as to such percentage of their wages, salaries,
or other compensation shall be void. The court issuing the writ or levy shall show thereon
the amount of the claim of the plaintiff and the court costs in the proceedings. If at any
time during the pendency of the proceedings in the court a judgment is entered for a different
amount, then the court shall notify the garnishee of the correct amount due by the defendant
under the writ or levy. The garnishee shall retain 25 percent of the wages,...
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