12-19-96
Section 12-19-96 When coroners or constables entitled to receive full commissions. Coroners
or constables shall not be entitled to full commissions until after actual levy of execution
on property of the defendant and the money made or paid to the plaintiff in execution, and
then only on the amount actually collected or paid. (Code 1852, §3055; Code 1867, §3526;
Code 1876, §5009; Code 1886, §3669; Code 1896, §1357; Code 1907, §3697; Code 1923, §7259;
Code 1940, T. 11, §35; Acts 1975, No. 1205, p. 2384, §16-142.)...
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6-10-35
Section 6-10-35 Contest of exemption claim - Tender of issue by plaintiff on inventory filed
by defendant; determination thereof. When, on a contest of a claim of exemption to personal
property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff
that the defendant has other personal property subject to levy and sale under the process
not embraced in the inventory or that the inventory discloses that the defendant has other
personal property subject to levy and sale under the process not embraced in the claim of
exemption which he has failed to deliver to the officer levying the process. If such issue
is determined in favor of the plaintiff, the value of such property shall be ascertained and
estimated in ascertaining the amount of the exemption to which the defendant is entitled and
be deducted from his or her claim in contest as if such property had been selected by him
or her as part of his or her exemptions. (Code 1876, §2839; Code 1886, §2531;...
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6-6-41
Section 6-6-41 Matters for which issued. Attachments may issue: (1) To enforce the collection
of a debt, whether it be due or not, at the time the attachment is taken out; (2) For any
moneyed demand, the amount of which can be certainly ascertained; (3) To recover damages for
a breach of contract, when the damages are not certain or liquidated; or (4) When the action
sounds in damages merely. (Code 1852, §2503; Code 1867, §2927; Code 1876, §3252; Code 1886,
§2929; Code 1896, §524; Code 1907, §2924; Code 1923, §6172; Code 1940, T. 7, §845.)...

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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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35-11-311
Section 35-11-311 Enforcement of lien. For the enforcement of such lien, the owner of such
boom, bulkhead, piles or other structure, may have process of attachment from any court having
jurisdiction of the amount claimed leviable upon the vessel, boat, flatboat, raft, log or
stick of timber or wood upon which the lien exists: (1) When such claim is due and the defendant,
on demand, fails or refuses to pay the same. (2) Whether such claim is due or not, when the
defendant has removed, or there is good reason to believe he is about to remove any of the
property on which the lien declared in Section 35-11-310 exists, without paying such charges.
(Code 1896, §2785; Code 1907, §4819; Code 1923, §8911; Code 1940, T. 33, §74.)...
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35-11-331
Section 35-11-331 Enforcement of lien. For the enforcement of such lien the owner of any such
animal may have process of attachment from any court having jurisdiction of the amount claimed,
leviable on the animal or animals upon which the lien exists: (1) When such claim is due,
and the defendant, on demand fails or refuses to pay. (2) Whether such sum is due or not,
when the defendant has traded off or otherwise disposed of, or there is good reason to believe
he is about to trade off or otherwise dispose of, or remove from the county, any of the animals
on which the lien exists, without paying the stipulated price for such service. (Code 1886,
§3092; Code 1896, §2777; Code 1907, §4811; Code 1923, §8898; Code 1940, T. 33, §76.)...

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43-2-648
Section 43-2-648 Refunding bonds - Rights of parties among themselves. Any party making a payment
on any refunding bond taken under this division, may recover against the parties to any other
refunding bond such an amount as shall be in the same proportion to the amount collected from
the plaintiff, as the amount of money and value of the property delivered on both bonds bears
to the amount of money or property delivered on the bond of the defendant. (Code 1852, §1788;
Code 1867, §2115; Code 1876, §2492; Code 1886, §2208; Code 1896, §276; Code 1907, §2734;
Code 1923, §5973; Code 1940, T. 61, §375.)...
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6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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6-6-454
Section 6-6-454 Judgment where answer admits indebtedness to defendant. If the garnishee answers
and admits indebtedness to the defendant, judgment thereon must be entered against him, after
judgment against the defendant, for the amount so admitted, if less than the amount of the
judgment against the defendant, or, if more or equal thereto, for the amount thereof; and
if the debtor demand is not then payable, execution must be suspended until its maturity.
(Code 1852, §2541; Code 1867, §2969; Code 1876, §3294; Code 1886, §2976; Code 1896, §2191;
Code 1907, §4320; Code 1923, §8071; Code 1940, T. 7, §1015.)...
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