35-11-412
Section 35-11-412 Filing of verified statement; limitation of actions. (a) It shall be the
duty of every person entitled to such a lien to file in the office of the judge of probate
of the county in which the property upon which the lien is sought to be established is situated,
a statement in writing, verified by the oath of the person claiming the lien, or of some other
person having knowledge of the facts, containing the amount of the demand secured by the lien,
after all just credits have been given, a description of the property on which the lien is
claimed in such a manner that same may be located or identified, and the name of the owner
or proprietor thereof; but no error in the amount of the demand or in the name of the owner
or proprietor shall affect the lien. Unless such statement is so filed the lien shall be lost.
Said verified statement may be in the form set out in Section 35-11-150. (b) The lien declared
in this division shall be deemed lost unless the statement referred...
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2-21-30
Section 2-21-30 Recovery of short weight and feed deficiency penalties. In any case wherein
the licensee fails or refuses to make payment of a penalty to the purchaser within the time
required, the purchaser may institute legal action against the licensee for the recovery of
such penalty as provided in Sections 2-21-28 and 2-21-29. Any judgment against the licensee
shall be double the amount of the penalty and shall include a reasonable attorney's fee and
court costs. In cases where the licensee is required to pay the amount of any penalty to the
commissioner for deposit to the credit of the Agricultural Fund, and the licensee fails or
refuses to make such payment within the time required, the commissioner may institute legal
action in a court of competent jurisdiction for collection of the amount of the penalty upon
10 days' notice to the licensee following the 60 day payment period. (Acts 1978, No. 780,
p. 1143, §15.)...
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45-8-172.06
Section 45-8-172.06 Accounting of cost for abatement of nuisance; report; civil action to abate
or enjoin nuisance. (a) The city or county governing body shall keep an account of the cost
of abating the nuisance and render an itemized report in writing showing the cost of removing
the nuisance on each separate lot, or in front thereof, or both. Before the report is submitted,
a copy shall be mailed to the owner or owners of the property at least three days before the
report shall be submitted. (b) In addition to the other provisions of this part, outside of
the corporate limits of a municipality, this part may be enforced by the county commission
by the commencement of a civil action to abate or enjoin any public nuisance as defined by
this part. Prior to commencing a civil action to enforce this part, the county commission
shall give reasonable notice to the owner of the land to abate any alleged nuisance and the
owner of the land may request a reasonable time to abate or have abated...
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40-1-17
Section 40-1-17 Judgment on verdict in favor of state against officers. Upon a verdict being
rendered in favor of the state in any action brought by the state against any officer charged
with the collection of any revenue for the state and his sureties, or either, for the recovery
of any such revenue collected by him, a judgment must be rendered for the amount of such verdict
and 20 percent thereon. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §896.)...
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6-6-684
Section 6-6-684 Entry of judgment in favor of sheriff or coroner. (a) Judgment must, in like
manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of
the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer
for levying an execution or attachment or for making sale of property so levied on or attached
after judgment against him for making such levy or sale, for the amount entered against such
officer, with interest from the date of judgment against him. (2) Against the deputy of the
sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered
against the sheriff or coroner for the default of such deputy, with interest from date of
judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of
the sheriff, on three days' notice, against the judge of probate, for the amount of any fees
received by him for such sheriff for the service of citations, notices, or...
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2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
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34-14A-15
a licensee, the aggrieved homeowner may, when the judgment is final, file a verified claim
in the court in which the judgment was entered and, on 30 days' written notice to the board,
may apply to the court for an order directing payment out of the Homeowners' Recovery Fund
of the amount remaining unpaid on the judgment. (4) The court shall proceed on such application
and the complainant shall be required to show that: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent
or a shareholder, officer, or director of the debtor. b. He or she has obtained a judgment,
as described in this section, stating the amount of the judgment and the amount owing on the
judgment at the date of the application, and, that in such action, he or she had joined any
and all bonding companies which issued corporate surety bonds to the judgment debtor as principal
and all other necessary parties. c. The following items, if recovered by...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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35-7-7
Section 35-7-7 Action to recover costs and expenses. If one joint owner or tenant in common
of a partition fence, after 10 days' notice from other joint owners or tenants in common of
such partition fence to assist or join with them in the erection of a partition fence, shall
fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay
his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, he shall be liable to the other joint owners or tenants in common of such fence
for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining
such fence, to be recovered in any court having jurisdiction of such action. In all such trials,
however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining
shall be questions for the determination of the court or jury trying the case; the object
and purpose of the law being that each joint owner or tenant...
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8-3-42
Section 8-3-42 Sureties entitled to summary judgment against principal and between each other.
Sureties, whether bound on the contract or instrument with the principal debtor as joint or
joint and several obligors or promisors, as accommodation drawers, acceptors, or endorsers
of a bill of exchange or in any other manner, are entitled to a summary judgment against their
principal and between each other, by motion in the circuit court on three days' notice thereof,
in the cases, and in the following manner: (1) Against the principal debtor: a. When a judgment
has been obtained against the surety which he has satisfied, either wholly or in part, for
the amount paid and interest; b. When a surety or sureties are sued without their principal
upon notice given to the principal of the pending action if judgment is obtained against the
surety, judgment for the same amount must be entered against the principal in favor of the
surety. (2) Between sureties: a. A surety who has paid the debt of...
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