37-1-105
Section 37-1-105 Rehearing. At any time after an order has been made by the commission, any
person interested therein may apply for a rehearing in respect to any matter determined therein,
and the commission shall grant and hold such rehearing within 60 days after the said application
therefor has been filed, and such rehearing shall be subject to such rules as the commission
may prescribe. Application for such a rehearing shall not excuse any utility or person from
complying with or obeying an order of the commission, or operate in any manner to stay or
postpone the enforcement thereof except as the commission may by order direct. Any order of
the commission made after such rehearing shall have the same force and effect as an original
order, but shall not affect any right, or the enforcement of any right, arising from or by
virtue of compliance with the original order prior to the order made after rehearing. (Acts
1920, No. 37, p. 38; Code 1923, §9808; Code 1940, T. 48, §76.)...
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41-6-11
Section 41-6-11 Provision of certified copies of books, records, etc., surrendered to department.
When books, records, documents, original papers and newspaper files have been surrendered
in accordance with Section 41-6-10, copies therefrom shall be made and certified by the director
upon the application of any person interested, which certificate shall have all the force
and effect as if made by the officer originally in the custody of them and for which the same
fees shall be charged, to be collected in advance. (Code 1907, §801; Code 1923, §1407; Code
1940, T. 55, §264.)...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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35-6-46
Section 35-6-46 Oath of commissioners; duties generally. The commissioners must be sworn faithfully
to execute the trust reposed in them, and to make the division or partition fairly and impartially,
if the same can be made; and the division or partition shall be conducted in all respects,
as nearly as may be, consistently with the provisions of this article, as is done when property
in the hands of an executor or administrator is to be distributed or divided; and in case
of application for partition of lands, the commissioner must, after examining the lands, and
a survey thereof, if necessary, proceed without delay to make division thereof into the necessary
number of shares, having regard to the quality of the soil, and other advantages, so as to
make the different shares as nearly equal in value as practicable; and they must make a plat
and map thereof, showing the subdivisions of the lots, and numbering them progressively; and
subdivisions and boundaries of the lots, and numbering...
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43-2-250
Section 43-2-250 Appointment. When, in any proceeding in any court, the estate of a deceased
person must be represented, and there is no executor or administrator of such estate, or he
is interested adversely thereto, it shall be the duty of the court to appoint an administrator
ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering
such appointment necessary shall appear in the record of such case or shall be made known
to the court by the affidavit of any person interested therein. (Code 1876, §2625; Code 1886,
§2283; Code 1896, §352; Code 1907, §2818; Code 1923, §6057; Code 1940, T. 61, §165.)...

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43-2-444
Section 43-2-444 Application for sale. The application for the sale of lands, either for payment
of debts or for division, must be made by the executor or administrator in writing, verified
by affidavit, to the probate court having jurisdiction of the estate, must describe the lands
accurately, must give the names of the heirs or devisees, and their places of residence and
must also state whether any, and which of such heirs or devisees, are under the age of 19
years or of unsound mind; and such application may be contested by any party interested in
the estate. (Code 1852, §§1759, 1868; Code 1867, §§2085, 2222; Code 1876, §§2450, 2453;
Code 1886, §2106; Code 1896, §158; Code 1907, §2622; Code 1923, §5851; Code 1940, T. 61,
§246.)...
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43-2-532
Section 43-2-532 Proceedings on settlement of account. On the day appointed for auditing such
account, any person may attend on the part of such executor or administrator and show that
he is entitled to additional credits; and any person interested may attend and contest any
item of such account or in any previous account, or may show assets not accounted for, or
that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of, or failure to discharge his trust, such assets or any portion thereof
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements
voluntarily made. (Code 1886, §2157; Code 1896, §225; Code 1907, §2688; Code 1923, §5921;
Code 1940, T. 61, §318.)...
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43-2-193
Section 43-2-193 Appointment of nonresident administrator. When any nonresident dies, leaving
assets in this state, if no application for letters of administration is made by a relative
or creditor entitled thereto, an administrator of his estate, appointed by the competent authority
of the state or territory of his domicile, shall be entitled to letters of administration
on such estate in this state, upon the production of the letters granted to him by the state
or territory of his intestate's domicile, duly certified as required by law, in preference
to any other person, upon his giving like bond and surety and upon the same terms, conditions
and requirements as are required by law of citizens of this state. The certified copy of his
foreign letters shall be filed and recorded in the office of the judge of probate issuing
letters in this state. (Code 1886, §2039; Code 1896, §82; Code 1907, §2558; Code 1923,
§5781; Code 1940, T. 61, §143.)...
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43-2-464
Section 43-2-464 Conveyance. After such confirmation, and when the whole of the purchase money
has been paid by the purchaser, or his heirs, or any other person holding under him, directly
or derivatively, on the application of such purchaser, or his heirs, or such other person
holding under him, or of the executor or administrator, the court must order a conveyance
to be made to such purchaser, or to his heirs, or to such other person holding under him,
as the case may be, by the executor or administrator, or such other person as the court may
appoint, conveying all the right, title and interest which the decedent had, at the time of
his death, in such lands; and such order shall operate to vest the right, title and interest
of the decedent in such purchaser, or his heirs, or such other person holding under him. (Code
1852, §1770; Code 1867, §2096; Code 1876, §2468; Code 1886, §2124; Code 1896, §179; Code
1907, §2644; Code 1923, §5874; Code 1940, T. 61, §268.)...
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35-6-60
Section 35-6-60 Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents
as parties. All parties in interest must have at least 10 days' notice of the time and place
set for the hearing of such application; and when infants or persons of unsound mind are parties,
and have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they may be made parties in the same manner,
and to the same extent as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3122; Code 1876, §3516; Code 1886, §3255;
Code 1896, §3180; Code 1907, §5224; Code 1923, §9324; Code 1940, T. 47, §212.)...
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