35-7-4
Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the
parties cannot agree, on application by either to the district court in the county in which
such fence is, such court must issue an order in writing to three disinterested freeholders
of such county, not related to either of the parties, to examine such fence, and to ascertain
the amount to be paid to the owner erecting the same; and such freeholders, on a day to be
by them appointed, of which both parties must have notice, must examine such fence and report
to the court the proportionate amount to be paid to the person erecting the fence; and if
such amount is not paid within 10 days after such report, the court must issue execution therefor,
with costs, as provided in section 35-7-5, to be collected and returned as other executions.
(Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119;
Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)...
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36-5-63
Section 36-5-63 Approval and filing of new bond upon execution thereof. On the execution of
the additional bond provided for in this division, the same must be approved and filed with
the application and requisition with the first official bond. (Code 1852, §148; Code 1867,
§187; Code 1876, §201; Code 1886, §296; Code 1896, §3128; Code 1907, §1544; Code 1923,
§2678; Code 1940, T. 41, §127.)...
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43-2-582
Section 43-2-582 Time for hearing; notice to executor or administrator. The court must appoint
a day for hearing such application, and a citation must be issued and served on the executor
or administrator notifying him of the grounds of such application and of the day appointed
for hearing the same, 10 days before such day. (Code 1852, §1774; Code 1867, §2100; Code
1876, §2477; Code 1886, §2194; Code 1896, §262; Code 1907, §2738; Code 1923, §5977; Code
1940, T. 61, §337.)...
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43-2-583
Section 43-2-583 Conduct of hearing; when payment or delivery directed. On the day appointed
or on any other day to which the hearing of the application may be continued, the court must
hear the same; and, if it appears that the applicant is a legatee and that after the payment
of his legacy there will be a sufficiency of assets to pay all the debts which have been presented,
charges and other legacies which are entitled to priority, the court may direct the payment
or delivery of such legacy, or any part thereof, according to the proof of assets and of the
other legacies in the same degree with that of the applicant, on the legatee's executing a
refunding bond according to the provisions of section 43-2-584. (Code 1852, §1775; Code 1867,
§2101; Code 1876, §2478; Code 1886, §2195; Code 1896, §263; Code 1907, §2739; Code 1923,
§5978; Code 1940, T. 61, §338.)...
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6-5-524
Section 6-5-524 Evidence of reimbursement inadmissible if recipient must repay. Upon proof
by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital
expenses which have been or will be paid or reimbursed, no evidence relating to such reimbursement
or payment not otherwise admissible shall be admissible as a result of this division. (Acts
1979, No. 79-476, p. 876, §5.)...
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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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18-2-16
Section 18-2-16 Proceedings when construction of canal or ditch through adjoining lands necessary.
When such land joins other lands and it is necessary for the erection of the mill, gin or
factory to dig a ditch or canal through such other lands, the application must be made to
the court of probate of the county in which the lands, through which the ditch or canal is
proposed to be dug, lie, and the writ must be obtained, inquest held, notice given, inquest
returned, the owners of other lands summoned to show cause, the application granted or refused
and damages paid in the same manner as in other cases provided for in this chapter. (Code
1852, §2107; Code 1867, §2499; Code 1876, §3573; Code 1886, §3199; Code 1896, §1742;
Code 1907, §3903; Code 1923, §7522; Code 1940, T. 19, §48.)...
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18-2-9
Section 18-2-9 Summons to landowners to appear and show cause against grant of application.
On the return of the inquest, summons must issue from the court of probate to the owner of
the acre of land, if the same is assessed by the jury, and also the several owners of the
land found by the inquest to be liable to damage, to appear before him on a day named in the
summons, and show cause, if any they have, why the applicant should not have permission to
erect his dam. (Code 1852, §2101; Code 1867, §2493; Code 1876, §3567; Code 1886, §3193;
Code 1896, §1736; Code 1907, §3897; Code 1923, §7516; Code 1940, T. 19, §42.)...
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35-6-118
Section 35-6-118 Sale when partition impracticable. If the commissioners find it impracticable
to make division of the crops in specie, or that it is necessary to sell a portion thereof
to make or equalize the division, they shall at once report that fact to the probate court,
which shall thereupon order the crops to be sold for division, and shall issue a writ to the
sheriff commanding him to make such sale; and such sale, and the distribution of the proceeds
thereof, shall be made as provided in section 35-6-116. (Code 1876, §3527; Code 1886, §3272;
Code 1896, §3197; Code 1907, §5243; Code 1923, §9347; Code 1940, T. 47, §240.)...
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43-2-504
Section 43-2-504 Appointment of guardian ad litem. The court must appoint a competent attorney-at-law
as guardian ad litem to represent the interests of minors and persons of unsound mind interested
in such settlement. (Code 1852, §1803; Code 1867, §2138; Code 1876, §2510; Code 1886, §2137;
Code 1896, §205; Code 1907, §2670; Code 1923, §5903; Code 1940, T. 61, §297.)...
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