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35-9-61
Section 35-9-61 When lien may be enforced by attachment. The landlord shall have the right,
for the enforcement of such lien, to sue out an attachment before any officer authorized to
issue attachments, and returnable to any court having jurisdiction of the amount claimed,
when the rent, or any installment thereof, is due, and the tenant fails or refuses, on demand,
to pay such rent or installment; and also in the following cases, whether due or not: (1)
When the tenant has fraudulently disposed of his goods, or is about to fraudulently dispose
of his goods. (2) When the tenant has made an assignment for the benefit of his creditors.
(3) When the tenant has made a complete transfer of all, or substantially all, of his goods,
or removes or attempts to remove all or substantially all of his goods, from the rented premises,
without the consent of the landlord, or without first having paid the rent in full for the
term. (Code 1886, §3070; Code 1896, §2717; Code 1907, §4748; Code 1923,...
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40-12-101
Section 40-12-101 Fire, closing out, etc., sales. Each person, other than the original bona
fide owners, selling goods, wares, or merchandise as an insurance, bankruptcy, mortgage, insolvent,
assignee's, executor's, administrator's, receiver's, trustee's, removal, or closing out sale,
or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, shall
pay a license tax of $100. The provisions of this section shall not apply to sheriffs, constables,
or other public or court officers or to any other persons acting under the license, discretion,
or authority of any court, state or federal, selling goods, wares, or merchandise in the course
of their official duties. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §525.)...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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40-1-4
Section 40-1-4 Lien for taxes - Preferred claim. When a taxpayer makes a general assignment
of his property for the payment of his debts or is declared a bankrupt, or when dead and his
estate is or becomes insolvent, any unpaid taxes assessed against him or against his estate
shall be a preferred claim and shall be paid by the assignee, trustee, or personal representative
out of the first money received by him belonging to the trust or estate. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §885.)...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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40-11-1
Section 40-11-1 Enumeration of subjects of taxation. (a) As used in this section the following
terms shall have the meanings ascribed herein: (1) CONSTRUCTION PURPOSES. The normal and ordinary
meaning of the words, except that mining activities or the transportation of materials used
in or produced by mining or forestry activities shall not be construed to be included; (2)
HEAVY DUTY EQUIPMENT. Any motor vehicle used primarily off the open road for construction
purposes, including all road construction equipment whose gross weight exceeds 16,000 pounds,
but not including inventory on hand for sale by duly licensed equipment dealers. (b) The subjects
of ad valorem taxation, except as exempted by law, shall be as follows: (1) Every piece, parcel,
tract, or lot of land in this state, including therein all things pertaining to such land,
and all structures and other things so annexed or attached thereto as to pass to a vendee
by conveyance of such land; and every separate or special...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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40-9-1
Section 40-9-1 Persons and property generally. The following property and persons shall be
exempt from ad valorem taxation and none other: (1) All bonds of the United States and this
state and all county and municipal bonds issued by counties and municipalities in this state,
all property, real and personal, of the United States and this state and of county and municipal
corporations in this state; all cemeteries, all property, real and personal, used exclusively
for religious worship, for schools or for purposes purely charitable; provided, that property,
real or personal, owned by any educational, religious or charitable institution, society or
corporation let for rent or hire or for use for business purposes shall not be exempt from
taxation, notwithstanding that the income from such property shall be used exclusively for
education, religious or charitable purposes; all mortgages, together with the notes, debts
and credits secured thereby on real and personal property situated in...
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37-3-2
Section 37-3-2 Definitions. The following words and phrases used in this chapter, where not
in conflict with the context, shall have the following meanings: (1) BROKER. Any person not
included in the term "motor carrier" and not a bona fide employee or agent of any
such carrier, who or which, as principal or agent, sells or offers for sale any transportation
of property other than that transported by common carriers of passengers, subject to this
chapter, or negotiates for or holds itself out by solicitation, advertisement, or otherwise
as one who sells, provides, furnishes, contracts, or arranges for the transportation. (2)
CERTIFICATE. A certificate of public convenience and necessity issued under this chapter to
common carriers by motor vehicle. (3) COMMON CARRIER BY MOTOR VEHICLE. Any person who or which
undertakes, whether directly or by a lease or other arrangement, to transport passengers or
property or any class or classes of property for the general public in the State of...
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